83 FR 14762 - Approval of Nebraska Air Quality Implementation Plans, Operating Permits Program, and 112(l) Program; Revision to Nebraska Administrative Code
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 67 (April 6, 2018)
Federal Register Volume 83, Issue 67 (April 6, 2018)
| Page Range | 14762-14765 | |
| FR Document | 2018-07091 |
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)] [Rules and Regulations] [Pages 14762-14765] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07091] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 70 [EPA-R07-OAR-2017-0485; FRL-9976-52-Region 7] Approval of Nebraska Air Quality Implementation Plans, Operating Permits Program, and 112(l) Program; Revision to Nebraska Administrative Code AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP), Operating Permits Program, and 112(l) Program submitted on July 14, 2014, by the State of Nebraska. This action amends the SIP to revise two chapters, ``Definitions'' and ``Operating Permit Modifications; Reopening for Cause''. Specifically, these revisions incorporate by reference the list of organic compounds exempt from the definition of volatile organic compound (VOC) found in the Code of [[Page 14763]] Federal Regulations; notification requirements for the operating permit program are being amended to be consistent with the Federal operating permit program requirements; the definition of ``solid waste'' is being revised by the state, however, because the state's definition is inconsistent with the Federal definition, EPA is not approving this definition into the SIP. Finally, the state is extending the process of ``off-permit changes'' to Class I operating permits. Additional grammatical and editorial changes are being made in this revision. Approval of these revisions will not impact air quality, ensures consistency between the state and Federally-approved rules, and ensures Federal enforceability of the state's rules. DATES: This final rule is effective on May 7, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2017-0485. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. FOR FURTHER INFORMATION CONTACT: Mr. Gregory 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]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' refer to EPA. This section provides additional information by addressing the following: I. Background II. What is being addressed in this document? III. Have the requirements for approval of a SIP revision been met? IV. EPA's Response to Comments V. What action is EPA taking? VI. Incorporation by Reference VII. Statutory and Executive Order Reviews I. Background On October 5, 2017, EPA proposed to approve revisions to the SIP, Operating Permits Program, and 112(l) Program for the State of Nebraska. See 82 FR 46453. In conjunction with the October 5, 2017 notice of proposed rulemaking (NPR), EPA issued a direct final rule (DFR) approving the revisions to the SIP, Operating Permits Program, and the 112(l) Program. See 82 FR 46420. In the DFR, EPA stated that if adverse comments were submitted to EPA by November 6, 2017, the action would be withdrawn and not take effect. EPA received one adverse comment prior to the close of the comment period. EPA withdrew the DFR on November 28, 2017. See 82 FR 56173. This action is a final rule based on the NPR. II. What is being addressed in this document? Nebraska's July 14, 2014, submission requested revisions to seven chapters of ``Title 129-Nebraska Air Quality Regulations''. This action will amend the SIP to include revisions to two of those chapters, title 129 of the Nebraska Administrative Code, chapter 1 ``Definitions'', and chapter 15 ``Operating Permit Modifications; Reopening for Cause''. Of the remaining five chapters, EPA previously approved revisions to two of the chapters in separate direct final rulemakings published in the Federal Register. Chapter 4, ``Ambient Air Quality Standards'' was approved on October 11, 2016, and chapter 34 ``Emission Sources; Testing; Monitoring'' was approved on October 7, 2016. EPA will take action separately on two other chapters, chapter 20 ``Particulate Emissions; Limits and Standards'' and chapter 18 ``New Performance Standards''. The final chapter, chapter 28 ``Hazardous Air Pollutants; Emissions Standards'', submitted as part of the July 14, 2014, SIP submission, is not approved in the Nebraska SIP and therefore EPA will take no further action for this chapter. EPA is approving revisions to the Nebraska SIP and Operating Permits Program in title 129, chapter 1 ``Definitions''. The definition of VOC contained in section 160 of chapter 1 ``Definitions'' is being revised. Specifically, section 160 of chapter 1 contains a definition of VOC that provides exceptions to the definition based upon a list of organic compounds, which have been determined to have negligible photochemical reactivity. Because it is difficult to stay current in regard to the list of compounds, the revision EPA is approving removes the list at section 160, and references the list contained in the Code of Federal Regulations at 40 CFR 51.100(s)(1) and (5). In addition, revisions to chapter 1, section 139, are being made to the SIP and the Operating Permits Program to change the notification requirements for ``section 502(b)(10) changes'' to require facilities to provide written notification at least 7 days in advance, rather than 30 days. This revision makes the notification requirements consistent with the Federal operating permit program requirements. In addition, Nebraska requested revisions to the definition of ``solid waste'' at chapter 1, section 144, to make it consistent with the definition of ``solid waste'' included in the Nebraska Environmental Protection Act and other applicable regulations in Nebraska.\1\ Neb. Rev. Stat. 81-1502(26). The definition as proposed by the Nebraska Department of Environmental Quality (NDEQ) is not consistent with the definition of ``solid waste'' in Federal law and regulations. Therefore, EPA is not approving Nebraska's proposed revision to the definition of ``solid waste'' into the State Implementation Plan or Operating Permits Program. Finally, other grammatical and numerical edits are being made in this chapter. --------------------------------------------------------------------------- \1\ The definition of ``solid waste'' in the Nebraska Environmental Protection Act was updated in 2013 as a result of Legislative Bill 203 to exclude ``slag'' from the definition. This revision further clarifies that ``slag'' is a by-product of value and therefore is excluded from the definition of ``solid waste.'' --------------------------------------------------------------------------- EPA is approving revisions to the Nebraska SIP, Operating Permits Program and 112(l) Program for chapter 15 ``Operating Permit Modifications; Reopening for Cause'', which extends ``off-permit changes'' to Class I and II operating permits as allowed under the Federal program. Section 007 of chapter 15 is being revised and updated allowing changes within a permitted facility without a permit revision if the change meets certain specified criteria. The revised process allows certain minor revisions to be made without requiring all applicable administrative procedures for full permit issuance. These changes ensure that chapter 15 conforms to applicable Federal regulations. Finally, revisions to chapter 15 amend the minimum number of days to submit a written notification of a change from thirty days to seven days under certain circumstances when changing Class I and II operating permits, and makes various grammatical revisions for clarity and consistency purposes. III. Have the requirements for approval of a SIP revision been met? The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. The revised chapters were placed on public notice and a [[Page 14764]] public hearing was held by the state on January 6, 2014, where no comments were received. In addition, as explained in this preamble, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. IV. EPA's Response to Comments The public comment period on EPA's proposed rule opened October 5, 2017, the date of its publication in the Federal Register, and closed on November 6, 2017. During this period, EPA received a comment from one commenter. Comment 1: The commenter stated that EPA must act on the state's submitted request to change the definition of solid waste, and that EPA does not have the discretionary authority to not act on state's submission. The commenter stated that EPA is required to act on the state's submission within a maximum of 18 months from the state's submission and stated that the state's requested revisions to the definition of solid waste was submitted in 2014, greater than 36 months prior to the October 5, 2017, Federal Register notice. The commenter further stated that EPA must disapprove the state's submittal regarding the definition of solid waste as it is inconsistent with the Federal rules as EPA outlined in its October 5, 2017, Federal Register notice. Response 1: Section 110(k)of the CAA authorizes EPA to approve a SIP submission in full, disapprove it in full, or approve it in part and disapprove it in part, or conditionally approve it in full or in part, depending on the extent to which such plan meets the requirements of the CAA. This authority to approve state SIP submissions in separable parts was included in the 1990 Amendments to the CAA to overrule a decision in the Court of Appeals for the Ninth Circuit holding that EPA could not approve individual measures in a SIP submission without either approving or disapproving the plan as a whole. See S. Rep. No. 101-228, at 22, 1990 U.S.C.C.A.N. 3385, 3408 (discussing the express overruling of Abramowitz v. EPA, 832 F.2d 1071 (9th Cir. 1987)). EPA interprets its authority under section 110(k) of the CAA as affording the Agency the discretion to approve, disapprove, or conditionally approve, individual portions of Nebraska's SIP revision. EPA views the SIP revisions to the definition of solid waste, as severable from other portions of the SIP revision and interprets section 110(k) as allowing it to act on individual severable portions in a SIP submission. In short, EPA believes it has the discretion under section 110(k) of the CAA to act upon the various individual portions of the state's SIP revision, separately or together, as appropriate. This discretion exists even when the deadline to act on the SIP submission as a whole has passed. EPA will address the definition of solid waste in a separate rulemaking action. V. What action is EPA taking? EPA is taking final action to amend the Nebraska SIP to approve revisions to title 129, chapters 1 and 15. EPA is not approving Nebraska's revised definition of ``solid waste'' in title 129, chapter 1. VI. 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 amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these materials generally available through 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). 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.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VII. Statutory and Executive Order Reviews Under the Clean Air Act, 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. 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 (Public Law 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 Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where 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 [[Page 14765]] 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 5, 2018. 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 oxides, 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: March 27, 2018. Karen A. Flournoy, 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. In Sec. 52.1420, revise the section heading and in the table in paragraph (c) the entries ``129-1'' and ``129-15'' 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 ---------------------------------------------------------------------------------------------------------------- 129-1................ Definitions............ 5/13/14 4/6/18, [insert The proposed definition of Federal Register ``solid waste'' is not citation]. approved into the SIP. The second sentence beginning at ``Solid waste'' and ending at ``discarded material'', is not approved into the SIP. * * * * * * * 129-15............... Operating Permit 5/13/14 4/6/18, [insert ........................... Modifications; Federal Register Reopening for Cause. 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. In appendix A to part 70 add paragraph (o) 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 * * * * * (o) The Nebraska Department of Environmental Quality submitted revisions to the Nebraska Administrative Code, title 129, chapter 1, ``Definitions'' and chapter 15, ``Operating Permit Modifications; Reopening for Cause'' on July 14, 2014. The state effective date is May 13, 2014. This revision is effective June 5, 2018. * * * * * [FR Doc. 2018-07091 Filed 4-5-18; 8:45 am] BILLING CODE 6560-50-P
![14762 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations
G. Executive Order 13175: Consultation environment. The results of this history authorize the Administrator to
and Coordination With Indian Tribal evaluation are contained in Section V of find the rule to be of ‘‘nationwide scope
Governments this preamble titled ‘‘Environmental or effect’’ and, thus, to indicate that
This action does not have tribal Justice Considerations.’’ venue for challenges lies in the District
implications as specified in Executive of Columbia Circuit. Accordingly, EPA
L. Congressional Review Act (CRA)
Order 13175. This rule finds that three is determining that this rule is of
This action is subject to the CRA, and nationwide scope or effect.
states have failed to submit SIP
EPA will submit a rule report to each Under section 307(b)(1) of the CAA,
revisions that satisfy the nonattainment
House of the Congress and to the petitions for judicial review of this
area planning requirements under
Comptroller General of the United action must be filed in the United States
sections 172, 188 and 189 of the CAA
States. This action is not a ‘‘major rule’’ Court of Appeals for the District of
for the 2012 PM2.5 NAAQS. No tribe is
as defined by 5 U.S.C. 804(2). Columbia Circuit within 60 days from
subject to the requirement to submit an
implementation plan under section 172, M. Judicial Review the date this final action is published in
or under subpart 4 of part D of Title I the Federal Register. Filing a petition
Section 307(b)(l) of the CAA indicates for review by the Administrator of this
of the CAA. Thus, Executive Order which Federal Courts of Appeal have
13175 does not apply to this action. final action does not affect the finality
venue for petitions of review of final of the action for the purposes of judicial
H. Executive Order 13045: Protection of agency actions by EPA under the CAA. review, nor does it extend the time
Children From Environmental Health This section provides, in part, that within which a petition for judicial
and Safety Risks petitions for review must be filed in the review must be filed, and shall not
United States Court of Appeals for the postpone the effectiveness of such rule
EPA interprets Executive Order 13045
District of Columbia Circuit, (i) when or action.
as applying only to those regulatory
the agency action consists of ‘‘nationally
actions that concern health or safety List of Subjects in 40 CFR Part 52
applicable regulations promulgated, or
risks that EPA has reason to believe may
final actions taken, by the Environmental protection, Approval
disproportionately affect children, per
Administrator,’’ or (ii) when such action and promulgation of implementation
the definition of ‘‘covered regulatory
is locally or regionally applicable, if plans, Administrative practice and
action’’ in section 2–202 of the
‘‘such action is based on a procedures, Incorporation by reference,
Executive Order. This action is not
determination of nationwide scope or Air pollution control, Intergovernmental
subject to Executive Order 13045
effect and if in taking such action the relations, and Reporting and
because it is a finding that three states
Administrator finds and publishes that recordkeeping requirements.
have failed to submit SIP revisions that
such action is based on such a
satisfy the Moderate nonattainment area Dated: March 26, 2018.
determination.’’
planning requirements under sections EPA has determined that this final William L. Wehrum,
172, 188 and 189 of the CAA for the rule consisting of findings of failure to Assistant Administrator.
2012 PM2.5 NAAQS and does not
submit certain of the required SIP [FR Doc. 2018–06989 Filed 4–5–18; 8:45 am]
directly or disproportionately affect
revisions is ‘‘nationally applicable’’ BILLING CODE 6560–50–P
children.
within the meaning of section 307(b)(1)
I. Executive Order 13211: Actions That of the CAA. This final agency action
Significantly Affect Energy Supply, affects three states with Moderate ENVIRONMENTAL PROTECTION
Distribution or Use nonattainment areas located in three of AGENCY
This action is not subject to Executive the ten EPA Regional offices, and in two
different U.S. Federal Circuit Courts 40 CFR Parts 52 and 70
Order 13211, because it is not a
significant regulatory action under (3rd Circuit for Pennsylvania and 9th [EPA–R07–OAR–2017–0485; FRL–9976–52–
Circuit for California and Idaho). Region 7]
Executive Order 12866.
In addition, EPA has determined that
J. National Technology Transfer and this rule has nationwide scope or effect Approval of Nebraska Air Quality
Advancement Act (NTTAA) because it addresses a common core of Implementation Plans, Operating
knowledge and analysis involved in Permits Program, and 112(l) Program;
This rulemaking does not involve
formulating the decision and a common Revision to Nebraska Administrative
technical standards.
interpretation of the requirements of 40 Code
K. Executive Order 12898: Federal CFR part 51 appendix V applied to
Actions To Address Environmental AGENCY: Environmental Protection
determining the completeness of SIPs in Agency (EPA).
Justice in Minority Populations and states across the country. This
Low-Income Populations ACTION: Final rule.
determination is appropriate because, in
EPA believes the human health or the 1977 CAA Amendments that revised SUMMARY: The Environmental Protection
environmental risk addressed by this CAA section 307(b)(l), Congress noted Agency (EPA) is taking final action to
action will not have potential that the Administrator’s determination approve revisions to the State
disproportionately high and adverse that an action is of ‘‘nationwide scope Implementation Plan (SIP), Operating
human health or environmental effects or effect’’ would be appropriate for any Permits Program, and 112(l) Program
on minority, low-income, or indigenous action that has ‘‘scope or effect beyond submitted on July 14, 2014, by the State
populations. In finding that three states a single judicial circuit.’’ H.R. Rep. No. of Nebraska. This action amends the SIP
have failed to submit SIP revisions that 95–294 at 323–324, reprinted in 1977 to revise two chapters, ‘‘Definitions’’
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satisfy the Moderate nonattainment area U.S.C.C.A.N. 1402–03. Here, the scope and ‘‘Operating Permit Modifications;
planning requirements under sections and effect of this action extends to the Reopening for Cause’’. Specifically,
172, 188 and 189 of the CAA for the two judicial circuits that include the these revisions incorporate by reference
2012 PM2.5 NAAQS, this action does not states across the country affected by this the list of organic compounds exempt
directly affect the level of protection action. In these circumstances, CAA from the definition of volatile organic
provided to human health or the section 307(b)(1) and its legislative compound (VOC) found in the Code of
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![Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations 14765
the Federal Register. A major rule List of Subjects PART 52—APPROVAL AND
cannot take effect until 60 days after it 40 CFR Part 52 PROMULGATION OF
is published in the Federal Register. IMPLEMENTATION PLANS
This action is not a ‘‘major rule’’ as Environmental protection, Air
defined by 5 U.S.C. 804(2). pollution control, Carbon monoxide,
■ 1. The authority citation for part 52
Incorporation by reference,
Under section 307(b)(1) of the Clean Intergovernmental relations, Lead, continues to read as follows:
Air Act, petitions for judicial review of Nitrogen dioxide, Ozone, Particulate Authority: 42 U.S.C. 7401 et seq.
this action must be filed in the United matter, Reporting and recordkeeping
States Court of Appeals for the requirements, Sulfur oxides, Volatile Subpart CC—Nebraska
appropriate circuit by June 5, 2018. organic compounds.
Filing a petition for reconsideration by ■ 2. In § 52.1420, revise the section
40 CFR Part 70
the Administrator of this final rule does heading and in the table in paragraph (c)
not affect the finality of this action for Environmental protection, the entries ‘‘129–1’’ and ‘‘129–15’’ to
the purposes of judicial review nor does Administrative practice and procedure, read as follows:
it extend the time within which a Air pollution control, Intergovernmental
petition for judicial review may be filed, relations, Operating permits, Reporting § 52.1420 Identification of plan.
and shall not postpone the effectiveness and recordkeeping requirements. * * * * *
of such rule or action. This action may Dated: March 27, 2018. (c) * * *
not be challenged later in proceedings to Karen A. Flournoy,
enforce its requirements. (See section Acting Regional Administrator, Region 7.
307(b)(2)). For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 70 as set forth below:
EPA—APPROVED NEBRASKA REGULATIONS
State
Nebraska Title effective EPA approval date Explanation
citation date
STATE OF NEBRASKA
Department of Environmental Quality
Title 129—Nebraska Air Quality Regulations
129–1 ........ Definitions ........................... 5/13/14 4/6/18, [insert Federal The proposed definition of ‘‘solid waste’’ is not ap-
Register citation]. proved into the SIP. The second sentence beginning
at ‘‘Solid waste’’ and ending at ‘‘discarded material’’,
is not approved into the SIP.
* * * * * * *
129–15 ...... Operating Permit Modifica- 5/13/14 4/6/18, [insert Federal
tions; Reopening for Register citation].
Cause.
* * * * * * *
* * * * * Omaha; Lincoln-Lancaster County (o) The Nebraska Department of
Health Department’’ to read as follows: Environmental Quality submitted revisions
PART 70—STATE OPERATING PERMIT to the Nebraska Administrative Code, title
PROGRAMS Appendix A to Part 70—Approval 129, chapter 1, ‘‘Definitions’’ and chapter 15,
Status of State and Local Operating ‘‘Operating Permit Modifications; Reopening
■ 3. The authority citation for part 70 Permits Programs for Cause’’ on July 14, 2014. The state
continues to read as follows: effective date is May 13, 2014. This revision
* * * * * is effective June 5, 2018.
Authority: 42 U.S.C. 7401, et seq. Nebraska; City of Omaha; Lincoln-Lancaster * * * * *
■ 4. In appendix A to part 70 add County Health Department [FR Doc. 2018–07091 Filed 4–5–18; 8:45 am]
paragraph (o) under ‘‘Nebraska; City of * * * * * BILLING CODE 6560–50–P
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Document Created: 2018-11-01 09:15:20
Document Modified: 2018-11-01 09:15:20
| 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 | Final rule. | |
| Dates | This final rule is effective on May 7, 2018. | |
| Contact | Mr. Gregory 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 | 83 FR 14762 | |
| 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 Oxides; Volatile Organic Compounds; Administrative Practice and Procedure and Operating Permits |
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