81 FR 70023 - Approval of Nebraska's Air Quality Implementation Plans
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 196 (October 11, 2016)
Federal Register Volume 81, Issue 196 (October 11, 2016)
| Page Range | 70023-70025 | |
| FR Document | 2016-23975 |
[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)] [Rules and Regulations] [Pages 70023-70025] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23975] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2016-0556; FRL-9953-61-Region 7] Approval of Nebraska's Air Quality Implementation Plans AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- 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 as submitted on March 6, 2014, and July 14, 2014. This action will amend the SIP to include revisions to title 129 of the Nebraska Air Quality Regulations, chapter 4, ``Ambient Air Quality Standards''; chapter 19, ``Prevention of Significant Deterioration of Air Quality''; and chapter 22, ``Incinerators; Emission Standards''. This amendment makes the state regulation consistent with the National Ambient Air Quality Standards (NAAQS) for particulate matter 10 micrometers or less (PM10 ), fine particulate matter 25 micrometers or less (PM2.5 ), Sulfur dioxide, Nitrogen dioxide, Carbon monoxide, Ozone, and Lead, as of the date of the state submittal. This action also makes formatting and grammatical corrections to title 129, chapters 19 and 22. DATES: This direct final rule will be effective December 12, 2016, without further notice, unless EPA receives adverse comment by November 10, 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-2016-0556, 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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection [[Page 70024]] Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7391, or by email at [email protected]. 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 as they apply to chapter 4, ``Ambient Air Quality Standards''; chapter 19, ``Prevention of Significant Deterioration of Air Quality''; and chapter 22, ``Incinerators; Emission Standards''. Chapter 4 is amended making it consistent with the Federal standards found at 40 CFR part 50, in regards to the NAAQS for all six criteria air pollutants, as of July 14, 2014. The amendments submitted on March 6, 2014, make formatting and grammatical corrections to chapters 19 and 22. For additional information on the revisions to chapter 4, 19 and 22 see the detailed discussion table in the docket. II. Have the requirements for approval of a SIP revision been met? The state submittal has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submittal 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 submitted on July 14, 2014, to revise the SIP to include revisions to the National Ambient Air Quality Standards for all six criteria pollutants consistent with the Federal standards, as of the date of the state's submittal. Per the state's March 6, 2014, submittal EPA is also approving minor formatting and grammatical corrections to chapters 19 and 22. 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, chapters 4, 19 and 22 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). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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 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 [[Page 70025]] 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 12, 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 in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Dated: September 27, 2016. Mike Brincks, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart CC--Nebraska 0 2. Section 52.1420(c) is amended by revising entries for 129-4, 129-19 and 129-22 to read as follows: Sec. 52.1420 Identification of plan. * * * * * (c) * * * EPA-Approved Nebraska Regulations ---------------------------------------------------------------------------------------------------------------- State Nebraska citation Title effective date EPA Approval date Explanation ---------------------------------------------------------------------------------------------------------------- STATE OF NEBRASKA ---------------------------------------------------------------------------------------------------------------- Department of Environmental Quality ---------------------------------------------------------------------------------------------------------------- Title 129--Nebraska Air Quality Regulations ---------------------------------------------------------------------------------------------------------------- * * * * * * * 129-4.................... Ambient Air Quality 5/13/14 10/11/16, [Insert This revision to Chapter Standards. Federal Register 4 amends the ambient air citation]. quality standards for PM10, PM2.5, SO2, NO2, CO, O3, and Pb making them consistent with National Ambient Air Quality Standards (NAAQS) found at 40 CFR part 50, as of the date of the state's submittal, July 14, 2014. * * * * * * * 129-19................... Prevention of 12/9/13 10/11/16, [Insert Significant Federal Register Deterioration of citation]. Air Quality. * * * * * * * 129-22................... Incinerators; 12/9/13 10/11/16, [Insert Emission Standards. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-23975 Filed 10-7-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70023
EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP
State
State citation Title/subject effective EPA approval date Additional explanation
date
District of Columbia Municipal Regulations (DCMR), Title 20—Environment
Chapter 1 General
* * * * * * *
Section 199 .............................. Definitions and Abbreviations 08/16/15 10/11/16, [Insert Federal Reg- Added two new definitions.
ister citation].
* * * * * * *
Chapter 5 Source Monitoring and Testing
* * * * * * *
Sections 502.1 through 502.15 Sampling, Tests, and Meas- 08/16/15 10/11/16, [Insert Federal Reg- Updates to sampling and test-
urements. ister citation]. ing practices for fuel oils.
Exceptions: Paragraphs
502.11, 502.12 and 502.14
are not part of the SIP.
* * * * * * *
Chapter 8 Asbestos, Sulfur and Nitrogen Oxides
Section 801 .............................. Sulfur Content of Fuel Oils ..... 08/16/15 10/11/16, [Insert Federal Reg- Updates to the sulfur content
ister citation]. of No. 2 and No.4 fuel oils
and the prohibition of the
use of No. 5 fuel oil.
* * * * * * *
Section 899 .............................. Definitions and Abbreviations 08/16/15 10/11/16, [Insert Federal Reg- Addition of new definitions that
ister citation]. relate to the handling and
storage of fuel oil.
* * * * * * *
* * * * * ‘‘Prevention of Significant Deterioration instructions for submitting comments.
[FR Doc. 2016–24372 Filed 10–7–16; 8:45 am] of Air Quality’’; and chapter 22, Once submitted, comments cannot be
BILLING CODE 6560–50–P ‘‘Incinerators; Emission Standards’’. edited or removed from Regulations.gov.
This amendment makes the state EPA may publish any comment received
regulation consistent with the National to its public docket. Do not submit
ENVIRONMENTAL PROTECTION Ambient Air Quality Standards electronically any information you
AGENCY (NAAQS) for particulate matter 10 consider to be Confidential Business
micrometers or less (PM10), fine Information (CBI) or other information
40 CFR Part 52 particulate matter 25 micrometers or whose disclosure is restricted by statute.
[EPA–R07–OAR–2016–0556; FRL–9953–61– less (PM2.5), Sulfur dioxide, Nitrogen Multimedia submissions (audio, video,
Region 7] dioxide, Carbon monoxide, Ozone, and etc.) must be accompanied by a written
Lead, as of the date of the state comment. The written comment is
Approval of Nebraska’s Air Quality submittal. This action also makes considered the official comment and
Implementation Plans formatting and grammatical corrections should include discussion of all points
to title 129, chapters 19 and 22. you wish to make. EPA will generally
AGENCY: Environmental Protection
DATES: This direct final rule will be not consider comments or comment
Agency (EPA).
effective December 12, 2016, without contents located outside of the primary
ACTION: Direct final rule. submission (i.e. on the Web, cloud, or
further notice, unless EPA receives
SUMMARY: The Environmental Protection adverse comment by November 10, other file sharing system). For
Agency (EPA) is taking direct final 2016. If EPA receives adverse comment, additional submission methods, the full
action to approve revisions to the State we will publish a timely withdrawal of EPA public comment policy,
Implementation Plan (SIP) for the State the direct final rule in the Federal information about CBI or multimedia
ehiers on DSK5VPTVN1PROD with RULES
of Nebraska as submitted on March 6, Register informing the public that the submissions, and general guidance on
2014, and July 14, 2014. This action will rule will not take effect. making effective comments, please visit
amend the SIP to include revisions to ADDRESSES: Submit your comments,
http://www2.epa.gov/dockets/
title 129 of the Nebraska Air Quality identified by Docket ID No. EPA–R07– commenting-epa-dockets.
Regulations, chapter 4, ‘‘Ambient Air OAR–2016–0556, to http:// FOR FURTHER INFORMATION CONTACT: Greg
Quality Standards’’; chapter 19, www.regulations.gov. Follow the online Crable, Environmental Protection
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![Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70025
cannot take effect until 60 days after it enforce its requirements. (See section PART 52—APPROVAL AND
is published in the Federal Register. 307(b)(2).) PROMULGATION OF
This action is not a ‘‘major rule’’ as List of Subjects in 40 CFR Part 52 IMPLEMENTATION PLANS
defined by 5 U.S.C. 804(2).
Environmental protection, Air
Under section 307(b)(1) of the CAA, ■ 1. The authority citation for part 52
pollution control, Carbon monoxide,
petitions for judicial review of this Incorporation by reference, continues to read as follows:
action must be filed in the United States Intergovernmental relations, Lead, Authority: 42 U.S.C. 7401 et seq.
Court of Appeals for the appropriate Nitrogen dioxide, Ozone, Particulate
circuit by December 12, 2016. Filing a matter, Reporting and recordkeeping Subpart CC—Nebraska
petition for reconsideration by the requirements, Sulfur dioxide, Volatile
Administrator of this final rule does not organic compounds. ■ 2. Section 52.1420(c) is amended by
affect the finality of this action for the revising entries for 129–4, 129–19 and
Dated: September 27, 2016.
purposes of judicial review nor does it 129–22 to read as follows:
extend the time within which a petition Mike Brincks,
for judicial review may be filed, and Acting Regional Administrator, Region 7. § 52.1420 Identification of plan.
shall not postpone the effectiveness of For the reasons stated in the * * * * *
such rule or action. This action may not preamble, EPA amends 40 CFR part 52
be challenged later in proceedings to as set forth below: (c) * * *
EPA-APPROVED NEBRASKA REGULATIONS
State effective
Nebraska citation Title EPA Approval date Explanation
date
STATE OF NEBRASKA
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
* * * * * * *
129–4 ................ Ambient Air Quality 5/13/14 10/11/16, [Insert Federal This revision to Chapter 4 amends the ambient air
Standards. Register citation]. quality standards for PM10, PM2.5, SO2, NO2,
CO, O3, and Pb making them consistent with Na-
tional Ambient Air Quality Standards (NAAQS)
found at 40 CFR part 50, as of the date of the
state’s submittal, July 14, 2014.
* * * * * * *
129–19 .............. Prevention of Significant 12/9/13 10/11/16, [Insert Federal
Deterioration of Air Register citation].
Quality.
* * * * * * *
129–22 .............. Incinerators; Emission 12/9/13 10/11/16, [Insert Federal
Standards. Register citation].
* * * * * * *
* * * * * ACTION: Direct final rule. one statement on incinerators in the
[FR Doc. 2016–23975 Filed 10–7–16; 8:45 am] approved SIP and Operating Permits
BILLING CODE 6560–50–P
SUMMARY: Environmental Protection Program is removed by the submission.
Agency (EPA) is taking direct final This statement applied the ‘‘Operating
action to approve revisions to Missouri’s Permits’’ rule to all incinerators within
ENVIRONMENTAL PROTECTION State Implementation Plan (SIP),
the State. Any permittees with
AGENCY Operating Permits Program, and 112(l)
incinerators already required to have
Plan. The April 6, 2016, request from
Missouri revises fees for permitting either Intermediate State Operating
40 CFR Parts 52 and 70
services provided by the air quality Permits or part 70 Operating Permits
program, including construction permit will still have the same permitting
[EPA–R07–OAR–2016–0571; FRL–9953–77– requirements. This revision does not
Region 7] applications and operating permit
applications. Missouri also removed the exempt any incinerators from
Approval of Missouri’s Air Quality basic operating permit requirement in appropriate permitting. Likewise, any
ehiers on DSK5VPTVN1PROD with RULES
Implementation Plans, Operating their ‘‘Operating Permits’’ rule for future permittees with incinerators
Permits Program, and 112(l) Plan; incinerators with emissions less than under the former version of the SIP and
Construction Permits Required the de minimis levels. While EPA has Operating Permits Program would have
never approved the basic operating required either an Intermediate State
AGENCY: Environmental Protection permit program into Missouri’s SIP or Operating Permit or a part 70 Operating
Agency (EPA). Missouri’s Operating Permits Program, Permit will still have the same
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Document Created: 2018-02-13 16:33:41
Document Modified: 2018-02-13 16:33:41
| 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 12, 2016, without further notice, unless EPA receives adverse comment by November 10, 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 70023 | |
| 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 and Volatile Organic Compounds |
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