81 FR 69693 - Approval of Nebraska's Air Quality Implementation Plans; Nebraska Air Quality Regulations and State Operating Permit Programs

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range		69693-69696
FR Document		2016-24088

The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) for the State of Nebraska. This action will amend the SIP to include revisions to title 129 of the Nebraska Air Quality Regulations, chapter 5, ``Operating Permits--When Required''; chapter 9, ``General Operating Permits for Class I and Class II Sources''; chapter 22, ``Incinerators; Emission Standards''; chapter 30, ``Open Fires''; and chapter 34 ``Emission Sources; Testing; Monitoring. These revisions were requested by the Nebraska Department of Environmental Quality (NDEQ) in three submittals, submitted on May 1, 2003, November 8, 2011, and July 14, 2014. The May 1, 2003, submittal revised chapters 5 and 9, to address changes in regard to the permits-by-rule provisions of Title 129. The November 8, 2011, submittal allows for the issuance of multiple operating permits to major sources through revisions to chapter 5. In addition, revisions to chapters 22 and 30 encourage the use of air curtain incinerators over open burning; and changes to chapter 34 clarify the authority of NDEQ to order emission sources to do testing when NDEQ deems it necessary. The July 14, 2014, submittal further revises chapter 34, by updating the reference to allowable test methods for evaluating solid waste, changing the amount of time allowed to submit test results, and allowing the Department to approve a request for testing with less than 30 days notification.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69693-69696]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-24088]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2016-0555; FRL-9953-59-Region 7]

Approval of Nebraska's Air Quality Implementation Plans; Nebraska
Air Quality Regulations and State Operating Permit Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) for the State of Nebraska. This action will amend the SIP to
include revisions to title 129 of the Nebraska Air Quality Regulations,
chapter 5, ``Operating Permits--When Required''; chapter 9, ``General
Operating Permits for Class I and Class II Sources''; chapter 22,
``Incinerators; Emission Standards''; chapter 30, ``Open Fires''; and
chapter 34 ``Emission Sources; Testing; Monitoring. These revisions
were requested by the Nebraska Department of Environmental Quality
(NDEQ) in three submittals, submitted on May 1, 2003, November 8, 2011,
and July 14, 2014. The May 1, 2003, submittal revised chapters 5 and 9,
to address changes in regard to the permits-by-rule provisions of Title
129. The November 8, 2011, submittal allows for the issuance of
multiple operating permits to major sources through revisions to
chapter 5. In addition, revisions to chapters 22 and 30 encourage the
use of air curtain incinerators over open burning; and changes to
chapter 34 clarify the authority of NDEQ to order emission sources to
do testing when NDEQ deems it necessary. The July 14, 2014, submittal
further revises chapter 34, by updating the reference to allowable test
methods for evaluating solid waste, changing the amount of time allowed
to submit test results, and allowing the Department to approve a
request for testing with less than 30 days notification.

DATES: This direct final rule will be effective December 6, 2016,
without further notice, unless EPA receives adverse comment by November
7, 2016. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2016-0555, to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. 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

[[Page 69694]]

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913-551-7391, or by email at
crable.gregory@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

EPA is approving revisions into the SIP to include amendments to
title 129 of the Nebraska Air Quality Regulations, chapters 5, 22, 30
and 34, as submitted on November 8, 2011. The EPA is also approving
additional revisions to chapter 34, as submitted on July 14, 2014, and
to chapters 5 and 9, as submitted on May 1, 2003. Revisions to chapter
5 allows for the issuance of multiple operating permits to major
sources. The revisions to chapters 22 and 30 encourage the use of air
curtain incinerators over open burning and the revisions to chapter 34
as submitted on November 8, 2011, clarify NDEQ's authority to require
emission sources to test for contaminant emissions. The revisions to
chapter 34 requested in the July 14, 2014, submittal updates the
reference to allowable test methods for evaluating solid waste; makes
changes to the amount of time allowed to submit test results; and
allows NDEQ to approve a request to test with less than 30 days
notification.
The revisions to chapter 5 submitted on May 1, 2003, allows a
source otherwise subject to the Class II operating permit program to be
covered instead by the permits-by-rule provisions, provided the source
qualifies. The May 1, 2003 submittal, also revised chapter 9 to allow a
source covered for some activities under a general permit be covered
for other facilities or activities by a permits-by-rule. Revisions to
chapter 5 ``Operating Permits--When Required'', submitted on November
8, 2011, clarifies the process for issuing operating permits to major
sources comprised of different regulated entities or ``persons''. The
changes allow each regulated entity more options in applying for
operating permits and NDEQ more flexibility in issuing the permits. The
revisions to chapter 5 are worded such that sources permitted under the
changed language will not avoid other major source obligations. The
revisions to chapter 22, ``Incinerators; Emission Standards'',
establish requirements regarding opacity for air curtain incinerators
while revisions to chapter 30, ``Open Fires'', allow burning in an air
curtain incinerator with a general or community open fire permit issued
by NDEQ. Title 129, chapter 34, ``Emission Sources; Testing;
Monitoring'', as submitted on November 8, 2011, is being revised to
clarify NDEQ's authority to order emission sources to make or have
tests made to determine the rate of contaminant emissions from the
source. The July 14, 2014, submittal further revises chapter 34, by
updating the reference to allowable test methods for evaluating solid
waste, changes the amount of time allowed to submit test results, and
allows NDEQ to approve a request for testing with less than 30 days
notification. For additional information on the revisions to chapter 5,
9, 22, 30 and 34 see the detail discussion table in the docket.

II. Have the requirements for approval of a SIP revision been met?

The state submittals have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submittals also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

EPA is approving the state's request to revise the SIP to include
amendments to title 129, of the Nebraska Air Quality Regulations,
chapter 5, ``Operating Permits--When Required''; chapter 22,
``Incinerators; Emission Standards''; chapter 30, ``Open Fires''; and
chapter 34, ``Emission Sources; Testing; Monitoring'', as submitted by
NDEQ on November 8, 2011. Also, EPA is approving NDEQ's July 14, 2014,
submittal involving additional revisions to chapter 34 and revisions to
chapters 5 and 9, ``General Operating Permits for Class I and II
Sources'', as submitted on May 1, 2003.
We are publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. EPA does not anticipate adverse comment because the
revisions to the existing rules are routine and consistent with the
Federal regulations, thereby, strengthening the SIP. However, in the
``Proposed Rules'' section of this Federal Register, we are publishing
a separate document that will serve as the proposed rule to revise
title 129 of the Nebraska Air Quality Regulations, chapter 5,
``Operating Permits--When Required''; chapter 9, ``General Operating
Permits for Class I and II Sources''; chapter 22, ``Incinerators;
Emission Standards''; chapter 30, ``Open Fires''; and chapter 34,
``Emission Sources; Testing; Monitoring'' if adverse comments are
received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that this direct final rule will not take
effect. We will address all public comments in any subsequent final
rule based on the proposed rule.

Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Nebraska
regulations described in the direct final amendments to 40 CFR part 52
set forth below. Therefore, these materials have been approved by EPA
for inclusion in the State implementation plan, have been incorporated
by reference by EPA into that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update to
the SIP compilation.\1\ EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and at the appropriate EPA office (see the
ADDRESSES section of this preamble for more information).
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\1\ 62 FR 27968 (May 22, 1997).
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Statutory and Executive Order Reviews

Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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

[[Page 69695]]

beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of 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; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 6, 2016. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide, 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: September 27, 2016.
Mike Brincks,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, 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. Section 52.1420(c) is amended by revising the entries for 129-5,
129-9, 129-22, 129-30, and 129-34 to 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 Environmental Quality
----------------------------------------------------------------------------------------------------------------
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------

* * * * * * *
129-5.......................... Operating 2/16/08 10/7/16 [Insert ............................
Permits--When Federal Register
Required. citation].

* * * * * * *
129-9.......................... General Operating 11/20/02 10/7/16 [Insert ............................
Permits for Federal Register
Class I and II citation].
Sources.

* * * * * * *
129-22......................... Incinerators; 7/3/10 10/7/16 [Insert ............................
Emission Federal Register
Standards. citation].

[[Page 69696]]

* * * * * * *
129-30......................... Open Fires....... 7/3/10 10/7/16 [Insert ............................
Federal Register
citation].

* * * * * * *
129-34......................... Emission Sources; 5/13/14 10/7/16 [Insert ............................
Testing; Federal Register
Monitoring. citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

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. Amend appendix A to part 70 by adding paragraphs (m) and (n) 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

* * * * *
(m) The Nebraska Department of Environmental Quality approved
revisions to Nebraska Air Quality Regulations, Title 129, Chapter 5,
``Operating Permits--When Required'', and Chapter 9, ``General
Operating Permits for Class I and II Sources'', on September 5,
2002. The State's effective date is November 20, 2002. The revisions
were submitted to EPA on May 1, 2003. This revision is effective on
December 6, 2016.
(n) The Nebraska Department of Environmental Quality approved
revisions to Nebraska Air Quality Regulations, Title 129, Chapter 5,
``Operating Permits--When Required'', on December 7, 2007. The
State's effective date is February 16, 2008. The revisions were
submitted to EPA on November 8, 2011. This revision is effective on
December 6, 2016.
* * * * *
[FR Doc. 2016-24088 Filed 10-6-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69693

State Additional explanation/
Name of source Permit No. County EPA approval date
effective date § 52.2063 citation

Veolia Energy Philadel- PA–51–4902 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Fed- Supersedes previously
phia—Edison Station. eral Register citation]. approved RACT per-
mit. Source was for-
merly TRIGEN—Edi-
son Station.
Veolia Energy Philadel- PA–51–4942 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Fed- Supersedes previously
phia—Schuylkill Station. eral Register citation]. approved RACT per-
mit. Source was for-
merly TRIGEN—
Schuylkill Station.
Source is aggregated
with Grays Ferry Co-
generation Partnership
and Veolia Energy Effi-
ciency, LLC.

* * * * * (1) * * *
(e) * * *

Applicable geo- State submittal
Name of non-regulatory SIP revision EPA approval date Additional explanation
graphic area date

* * * * * * *
Philadelphia 1997 8-Hour Ozone RACT Philadelphia County 9/29/2006, 6/ 10/7/2016, [Insert Addressing all applicable RACT require-
Demonstration. 22/2010, 6/27/ Federal Register ments for Philadelphia under the
2014, 7/18/ citation]. 1997 8-hour ozone standards. This
2015, 4/26/ rulemaking action converts the prior
2016 conditional approval of RACT dem-
onstration to full approval.

* * * * * Emission Standards’’; chapter 30, ‘‘Open If EPA receives adverse comment, we
Fires’’; and chapter 34 ‘‘Emission will publish a timely withdrawal of the
§ 52.2023 [Amended] Sources; Testing; Monitoring. These direct final rule in the Federal Register
■ 3. In § 52.2023, remove paragraph (l). revisions were requested by the informing the public that the rule will
[FR Doc. 2016–23840 Filed 10–6–16; 8:45 am] Nebraska Department of Environmental not take effect.
BILLING CODE 6560–50–P Quality (NDEQ) in three submittals,
submitted on May 1, 2003, November 8, ADDRESSES: Submit your comments,
2011, and July 14, 2014. The May 1, identified by Docket ID No. EPA–R07–
ENVIRONMENTAL PROTECTION 2003, submittal revised chapters 5 and OAR–2016–0555, to http://
AGENCY 9, to address changes in regard to the www.regulations.gov. Follow the online
permits-by-rule provisions of Title 129. instructions for submitting comments.
40 CFR Parts 52 and 70 The November 8, 2011, submittal allows Once submitted, comments cannot be
[EPA–R07–OAR–2016–0555; FRL–9953–59– for the issuance of multiple operating edited or removed from Regulations.gov.
Region 7] permits to major sources through EPA may publish any comment received
revisions to chapter 5. In addition, to its public docket. Do not submit
Approval of Nebraska’s Air Quality revisions to chapters 22 and 30 electronically any information you
Implementation Plans; Nebraska Air encourage the use of air curtain consider to be Confidential Business
Quality Regulations and State incinerators over open burning; and Information (CBI) or other information
Operating Permit Programs changes to chapter 34 clarify the whose disclosure is restricted by statute.
authority of NDEQ to order emission Multimedia submissions (audio, video,
AGENCY: Environmental Protection sources to do testing when NDEQ deems etc.) must be accompanied by a written
Agency (EPA). it necessary. The July 14, 2014, comment. The written comment is
ACTION: Direct final rule. submittal further revises chapter 34, by considered the official comment and
updating the reference to allowable test should include discussion of all points
SUMMARY: The Environmental Protection methods for evaluating solid waste,
Agency (EPA) is taking direct final you wish to make. EPA will generally
changing the amount of time allowed to not consider comments or comment
action to approve revisions to the State submit test results, and allowing the
Implementation Plan (SIP) for the State contents located outside of the primary
Department to approve a request for
mstockstill on DSK3G9T082PROD with RULES

of Nebraska. This action will amend the submission (i.e. on the web, cloud, or
testing with less than 30 days other file sharing system). For
SIP to include revisions to title 129 of notification.
the Nebraska Air Quality Regulations, additional submission methods, the full
chapter 5, ‘‘Operating Permits—When DATES: This direct final rule will be EPA public comment policy,
Required’’; chapter 9, ‘‘General effective December 6, 2016, without information about CBI or multimedia
Operating Permits for Class I and Class further notice, unless EPA receives submissions, and general guidance on
II Sources’’; chapter 22, ‘‘Incinerators; adverse comment by November 7, 2016. making effective comments, please visit

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69694 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations

http://www2.epa.gov/dockets/ permitted under the changed language publishing a separate document that
commenting-epa-dockets. will not avoid other major source will serve as the proposed rule to revise
FOR FURTHER INFORMATION CONTACT: Greg obligations. The revisions to chapter 22, title 129 of the Nebraska Air Quality
Crable, Environmental Protection ‘‘Incinerators; Emission Standards’’, Regulations, chapter 5, ‘‘Operating
Agency, Air Planning and Development establish requirements regarding opacity Permits—When Required’’; chapter 9,
Branch, 11201 Renner Boulevard, for air curtain incinerators while ‘‘General Operating Permits for Class I
Lenexa, Kansas 66219 at 913–551–7391, revisions to chapter 30, ‘‘Open Fires’’, and II Sources’’; chapter 22,
or by email at crable.gregory@epa.gov. allow burning in an air curtain ‘‘Incinerators; Emission Standards’’;
SUPPLEMENTARY INFORMATION:
incinerator with a general or community chapter 30, ‘‘Open Fires’’; and chapter
Throughout this document ‘‘we,’’ ‘‘us,’’ open fire permit issued by NDEQ. Title 34, ‘‘Emission Sources; Testing;
and ‘‘our’’ refer to EPA. This section 129, chapter 34, ‘‘Emission Sources; Monitoring’’ if adverse comments are
Testing; Monitoring’’, as submitted on received on this direct final rule. We
provides additional information by
November 8, 2011, is being revised to will not institute a second comment
addressing the following:
clarify NDEQ’s authority to order period on this action. Any parties
I. What is being addressed in this document? emission sources to make or have tests interested in commenting must do so at
II. Have the requirements for approval of a made to determine the rate of this time. For further information about
SIP revision been met? contaminant emissions from the source. commenting on this rule, see the
III. What action is EPA taking?
The July 14, 2014, submittal further ADDRESSES section of this document. If
I. What is being addressed in this revises chapter 34, by updating the EPA receives adverse comment, we will
document? reference to allowable test methods for publish a timely withdrawal in the
EPA is approving revisions into the evaluating solid waste, changes the Federal Register informing the public
SIP to include amendments to title 129 amount of time allowed to submit test that this direct final rule will not take
of the Nebraska Air Quality Regulations, results, and allows NDEQ to approve a effect. We will address all public
request for testing with less than 30 comments in any subsequent final rule
chapters 5, 22, 30 and 34, as submitted
days notification. For additional based on the proposed rule.
on November 8, 2011. The EPA is also
information on the revisions to chapter
approving additional revisions to Incorporation by Reference
5, 9, 22, 30 and 34 see the detail
chapter 34, as submitted on July 14, In this rule, EPA is finalizing
discussion table in the docket.
2014, and to chapters 5 and 9, as regulatory text that includes
submitted on May 1, 2003. Revisions to II. Have the requirements for approval incorporation by reference. In
chapter 5 allows for the issuance of of a SIP revision been met? accordance with requirements of 1 CFR
multiple operating permits to major The state submittals have met the 51.5, EPA is finalizing the incorporation
sources. The revisions to chapters 22 public notice requirements for SIP by reference of the Nebraska regulations
and 30 encourage the use of air curtain submissions in accordance with 40 CFR described in the direct final
incinerators over open burning and the 51.102. The submittals also satisfied the amendments to 40 CFR part 52 set forth
revisions to chapter 34 as submitted on completeness criteria of 40 CFR part 51, below. Therefore, these materials have
November 8, 2011, clarify NDEQ’s appendix V. In addition, the revision been approved by EPA for inclusion in
authority to require emission sources to meets the substantive SIP requirements the State implementation plan, have
test for contaminant emissions. The of the CAA, including section 110 and been incorporated by reference by EPA
revisions to chapter 34 requested in the implementing regulations. into that plan, are fully Federally
July 14, 2014, submittal updates the enforceable under sections 110 and 113
reference to allowable test methods for III. What action is EPA taking?
of the CAA as of the effective date of the
evaluating solid waste; makes changes EPA is approving the state’s request to final rulemaking of EPA’s approval, and
to the amount of time allowed to submit revise the SIP to include amendments to will be incorporated by reference by the
test results; and allows NDEQ to title 129, of the Nebraska Air Quality Director of the Federal Register in the
approve a request to test with less than Regulations, chapter 5, ‘‘Operating next update to the SIP compilation.1
30 days notification. Permits—When Required’’; chapter 22, EPA has made, and will continue to
The revisions to chapter 5 submitted ‘‘Incinerators; Emission Standards’’; make, these documents generally
on May 1, 2003, allows a source chapter 30, ‘‘Open Fires’’; and chapter available electronically through
otherwise subject to the Class II 34, ‘‘Emission Sources; Testing; www.regulations.gov and at the
operating permit program to be covered Monitoring’’, as submitted by NDEQ on appropriate EPA office (see the
instead by the permits-by-rule November 8, 2011. Also, EPA is ADDRESSES section of this preamble for
provisions, provided the source approving NDEQ’s July 14, 2014, more information).
qualifies. The May 1, 2003 submittal, submittal involving additional revisions
also revised chapter 9 to allow a source to chapter 34 and revisions to chapters Statutory and Executive Order Reviews
covered for some activities under a 5 and 9, ‘‘General Operating Permits for Under the Clean Air Act (CAA), the
general permit be covered for other Class I and II Sources’’, as submitted on Administrator is required to approve a
facilities or activities by a permits-by- May 1, 2003. SIP submission that complies with the
rule. Revisions to chapter 5 ‘‘Operating We are publishing this direct final provisions of the Act and applicable
Permits—When Required’’, submitted rule without a prior proposed rule Federal regulations. 42 U.S.C. 7410(k);
on November 8, 2011, clarifies the because we view this as a 40 CFR 52.02(a). Thus, in reviewing SIP
process for issuing operating permits to noncontroversial action and anticipate submissions, EPA’s role is to approve
mstockstill on DSK3G9T082PROD with RULES

major sources comprised of different no adverse comment. EPA does not state choices, provided that they meet
regulated entities or ‘‘persons’’. The anticipate adverse comment because the the criteria of the CAA. Accordingly,
changes allow each regulated entity revisions to the existing rules are this action merely approves state law as
more options in applying for operating routine and consistent with the Federal meeting Federal requirements and does
permits and NDEQ more flexibility in regulations, thereby, strengthening the not impose additional requirements
issuing the permits. The revisions to SIP. However, in the ‘‘Proposed Rules’’
chapter 5 are worded such that sources section of this Federal Register, we are 1 62 FR 27968 (May 22, 1997).

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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69695

beyond those imposed by state law. For The SIP is not approved to apply on enforce its requirements. (See section
that reason, this action: any Indian reservation land or in any 307(b)(2).)
• Is not a significant regulatory action other area where EPA or an Indian tribe
subject to review by the Office of List of Subjects
has demonstrated that a tribe has
Management and Budget under jurisdiction. In those areas of Indian 40 CFR Part 52
Executive Orders 12866 (58 FR 51735, country, the rule does not have tribal Environmental protection, Air
October 4, 1993) and 13563 (76 FR 3821, implications and will not impose pollution control, Carbon monoxide,
January 21, 2011); substantial direct costs on tribal
• Does not impose an information Incorporation by reference,
governments or preempt tribal law as Intergovernmental relations, Lead,
collection burden under the provisions specified by Executive Order 13175 (65
of the Paperwork Reduction Act (44 Nitrogen dioxide, Ozone, Particulate
FR 67249, November 9, 2000). matter, Reporting and recordkeeping
U.S.C. 3501 et seq.); The Congressional Review Act, 5
• Is certified as not having a requirements, Sulfur dioxide, Volatile
U.S.C. 801 et seq., as added by the Small organic compounds.
significant economic impact on a Business Regulatory Enforcement
substantial number of small entities Fairness Act of 1996, generally provides 40 CFR Part 70
under the Regulatory Flexibility Act (5 that before a rule may take effect, the
U.S.C. 601 et seq.); Environmental protection,
agency promulgating the rule must Administrative practice and procedure,
• Does not contain any unfunded
submit a rule report, which includes a Air pollution control, Intergovernmental
mandate or significantly or uniquely
copy of the rule, to each House of the relations, Operating permits, Reporting
affect small governments, as described
Congress and to the Comptroller General and recordkeeping requirements.
in the Unfunded Mandates Reform Act
of the United States. EPA will submit a
of 1995 (Pub. L. 104–4); Dated: September 27, 2016.
report containing this action and other
• Does not have Federalism Mike Brincks,
required information to the U.S. Senate,
implications as specified in Executive Acting Regional Administrator, Region 7.
the U.S. House of Representatives, and
Order 13132 (64 FR 43255, August 10, For the reasons stated in the
the Comptroller General of the United
1999); preamble, EPA amends 40 CFR parts 52
• Is not an economically significant States prior to publication of the rule in
the Federal Register. A major rule and 70 as set forth below:
regulatory action based on health or
safety risks subject to Executive Order cannot take effect until 60 days after it
is published in the Federal Register. PART 52—APPROVAL AND
13045 (62 FR 19885, April 23, 1997); PROMULGATION OF
• Is not a significant regulatory action This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). IMPLEMENTATION PLANS
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); Under section 307(b)(1) of the CAA, ■ 1. The authority citation for part 52
• Is not subject to requirements of petitions for judicial review of this continues to read as follows:
Section 12(d) of the National action must be filed in the United States
Authority: 42 U.S.C. 7401 et seq.
Technology Transfer and Advancement Court of Appeals for the appropriate
Act of 1995 (15 U.S.C. 272 note) because circuit by December 6, 2016. Filing a Subpart CC—Nebraska
application of those requirements would petition for reconsideration by the
be inconsistent with the CAA; and Administrator of this final rule does not ■ 2. Section 52.1420(c) is amended by
• Does not provide EPA with the affect the finality of this action for the revising the entries for 129–5, 129–9,
discretionary authority to address, as purposes of judicial review nor does it 129–22, 129–30, and 129–34 to read as
appropriate, disproportionate human extend the time within which a petition follows:
health or environmental effects, using for judicial review may be filed, and
practicable and legally permissible shall not postpone the effectiveness of § 52.1420 Identification of Plan.
methods, under Executive Order 12898 such rule or action. This action may not * * * * *
(59 FR 7629, February 16, 1994). be challenged later in proceedings to (c) * * *

EPA-APPROVED NEBRASKA REGULATIONS
State
Nebraska citation Title effective EPA approval date Explanation
date

State of Nebraska

Department of Environmental Quality

Title 129—Nebraska Air Quality Regulations

* * * * * * *
129–5 ........................................... Operating Permits—When Re- 2/16/08 10/7/16 [Insert Federal Register
quired. citation].
mstockstill on DSK3G9T082PROD with RULES

* * * * * * *
129–9 ........................................... General Operating Permits for 11/20/02 10/7/16 [Insert Federal Register
Class I and II Sources. citation].

* * * * * * *
129–22 ......................................... Incinerators; Emission Standards 7/3/10 10/7/16 [Insert Federal Register
citation].

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69696 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations

EPA-APPROVED NEBRASKA REGULATIONS—Continued
State
Nebraska citation Title effective EPA approval date Explanation
date

* * * * * * *
129–30 ......................................... Open Fires ................................... 7/3/10 10/7/16 [Insert Federal Register
citation].

* * * * * * *
129–34 ......................................... Emission Sources; Testing; Moni- 5/13/14 10/7/16 [Insert Federal Register
toring. citation].

* * * * * * *

* * * * * FEDERAL COMMUNICATIONS business hours in the FCC Reference
COMMISSION Center, Room CY–A257, 445 12th Street
PART 70—STATE OPERATING PERMIT SW., Washington, DC 20554, or at the
PROGRAMS 47 CFR Parts 54 and 69 following Internet address: https://
[WC Docket Nos. 10–90, 16–271; WT Docket apps.fcc.gov/edocs_public/attachmatch/
■ 3. The authority citation for part 70 No. 10–208; FCC 16–115] FCC-16-115A1.docx.
continues to read as follows: The Further Notice of Proposed
Connect America Fund, Connect Rulemaking (FNPRM) that was adopted
Authority: 42 U.S.C. 7401, et seq. concurrently with the Report and Order
America Fund—Alaska Plan, Universal
■ 4. Amend appendix A to part 70 by Service Reform—Mobility Fund is published elsewhere in this issue of
adding paragraphs (m) and (n) under the Federal Register.
AGENCY: Federal Communications
‘‘Nebraska; City of Omaha; Lincoln- Commission. I. Introduction
Lancaster County Health Department’’ ACTION: Final rule. 1. In this Order, the Commission
to read as follows: adopts an integrated plan to address
SUMMARY: In this document, the Federal both fixed and mobile voice and
Appendix A to Part 70—Approval Communications Commission
Status of State and Local Operating broadband service in high-cost areas of
(Commission) adopts an integrated plan
Permits Programs the state of Alaska, building on a
to address both fixed and mobile voice
proposal submitted by the Alaska
* * * * * and broadband service in high-cost
Telephone Association. In February
areas of the state of Alaska, building on
Nebraska; City of Omaha; Lincoln-Lancaster 2015, the Alaska Telephone Association
a proposal submitted by the Alaska
County Health Department (ATA) proposed a consensus plan
Telephone Association.
designed to maintain, extend, and
* * * * * DATES: Effective November 7, 2016,
upgrade broadband service across all
(m) The Nebraska Department of except for §§ 54.313(f)(1)(i), 54.313(f)(3), areas of Alaska served by rate-of-return
Environmental Quality approved revisions to 54.313(l), 54.316(a)(1), 54.316(a)(5) and carriers and their wireless affiliates.
Nebraska Air Quality Regulations, Title 129, (6), 54.316(b)(6), 54.320(d), and 54.321 Given the unique climate and
Chapter 5, ‘‘Operating Permits—When which contain new or modified
Required’’, and Chapter 9, ‘‘General
geographic conditions of Alaska, the
information collection requirements that Commission finds that it is in the public
Operating Permits for Class I and II Sources’’, will not be effective until approved by
on September 5, 2002. The State’s effective interest to provide Alaskan carriers with
the Office of Management and Budget. the option of receiving fixed amounts of
date is November 20, 2002. The revisions The Federal Communications
were submitted to EPA on May 1, 2003. This support over the next ten years to
Commission will publish a document in deploy and maintain their fixed and
revision is effective on December 6, 2016. the Federal Register announcing the
(n) The Nebraska Department of mobile networks. If each of the Alaska
effective date for those sections. carriers elects this option, the
Environmental Quality approved revisions to FOR FURTHER INFORMATION CONTACT:
Nebraska Air Quality Regulations, Title 129, Commission expects this plan to bring
Alexander Minard, Wireline broadband to as many as 111,302 fixed
Chapter 5, ‘‘Operating Permits—When
Competition Bureau, (202) 418–7400 or locations and 133,788 mobile
Required’’, on December 7, 2007. The State’s
TTY: (202) 418–0484, Matthew Warner consumers at the end of this 10-year
effective date is February 16, 2008. The
of the Wireless Telecommunications term.
revisions were submitted to EPA on
Bureau, (202) 418–2419, or Audra Hale-
November 8, 2011. This revision is effective II. Alaska Plan for Rate-of-Return
Maddox of the Wireless
on December 6, 2016. Carriers
Telecommunications Bureau, (202) 418–
* * * * * 0794. 2. Today the Commission adopts
[FR Doc. 2016–24088 Filed 10–6–16; 8:45 am]
SUPPLEMENTARY INFORMATION: This is a ATA’s proposed consensus plan for
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BILLING CODE 6560–50–P summary of the Commission’s Report rate-of-return carriers serving Alaska,
and Order in WC Docket Nos. 10–90, subject to the minor modifications
16–271, WT Docket No. 10–208; FCC described herein. Alaskan rate-of-return
16–115, adopted on August 23, 2016 carriers face unique circumstances
and released on August 31, 2016. The including Alaska’s large size, varied
full text of this document is available for terrain, harsh climate, isolated
public inspection during regular populations, shortened construction

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Document Created: 2018-02-13 16:32:05
Document Modified: 2018-02-13 16:32:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This direct final rule will be effective December 6, 2016, without further notice, unless EPA receives adverse comment by November 7, 2016. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
Contact		Greg Crable, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7391, or by email at [email protected]
FR Citation		81 FR 69693
CFR Citation		40 CFR 52 40 CFR 70
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide; Volatile Organic Compounds; Administrative Practice and Procedure and Operating Permits