83 FR 25975 - Approval of Nebraska Air Quality Implementation Plan; Particulate Emissions; Limitations and Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 108 (June 5, 2018)
Federal Register Volume 83, Issue 108 (June 5, 2018)
| Page Range | 25975-25977 | |
| FR Document | 2018-11579 |
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)] [Proposed Rules] [Pages 25975-25977] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11579] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2018-0188; FRL-9978-79--Region 7] Approval of Nebraska Air Quality Implementation Plan; Particulate Emissions; Limitations and Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) submitted on July 14, 2014, by the State of Nebraska. This proposed action will amend the SIP to include revisions to title 129 of the Nebraska Administrative Code, chapter 20 ``Particulate Emissions; Limitations and Standards''. The revisions make clear that the emission rates in the rule apply to applicable sources except when a more stringent Federal rule or limit in a construction permit exists. Other minor administrative revisions are also being made. 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: Comments must be received on or before July 5, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2018-0188 to https://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. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://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? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. What is being addressed in this document? EPA is proposing to amend Nebraska's SIP to include revisions to title 129 of the Nebraska Administrative Code, chapter 20, ``Particulate Emissions; Limitations and Standards''. The revisions being addressed in this action on chapter 20 were submitted with other title 129 chapters as part of the July 14, 2014 SIP submittal. EPA took final action on two title 129 chapters, chapter 1 ``Definitions'', and chapter 15 ``Operating Permit Modifications; Reopening for Cause''. In that action, EPA stated it would take action separately on chapter 20. See 83 FR 14762. EPA is now proposing action on chapter 20. The revisions to chapter 20 are described below. Nebraska revised a clause under the chapter title from ``(EXCEPTIONS DUE [[Page 25976]] TO BREAKDOWNS OR SCHEDULED MAINTENANCE: SEE CHAPTER 35)'' to ``For exceptions due to breakdowns or scheduled maintenance: see Chapter 35-- COMPLIANCE; EXCEPTIONS DUE TO STARTUP, SHUTDOWN, OR MALFUNCTION'', and added a space to distinguish between the title and the clause. In addition, the state removed a footnote to table 20-2 and made it a stand-alone section numbered 007 which explains how the values in table 20-2 were determined. And finally, the revision added section 008 which clarifies that the emission rates apply to all applicable sources unless a more stringent particulate matter emissions rate is specified in the underlying requirements of an applicable Federal rule or is specified within a construction permit issued pursuant to title 129. II. 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 revised chapter 20 was placed on public notice, along with other title 129 chapter revisions on January 6, 2014, and a public hearing was held by NDEQ on February 6, 2014. No comments regarding chapter 20 were received. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above, the revision meets the substantive SIP requirements of the Clean Air Act (CAA), including section 110 and implementing regulations. III. What action is EPA taking? EPA is proposing to approve the title 129, chapter 20, SIP revision submitted by NDEQ on July 14, 2014. We are processing this as a proposed action because we are soliciting comments on this proposed action. Final rulemaking will occur after consideration of any comments. IV. Incorporation by Reference In this action, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference 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 https://www.regulations.gov and at the EPA Region 7 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the 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); 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 (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). 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 oxides, Volatile organic compounds. Dated: May 21, 2018. Karen A. Flournoy, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA proposes to amend 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. Amend Sec. 52.1420 paragraph (c) by revising the entry for ``129- 20'' in the Table titled ``EPA-Approved Nebraska Regulations'' to read as follows: Sec. 52.1420 Identification of plan. * * * * * (c) * * * [[Page 25977]] 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 -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 129-20............... Particulate Emissions; Limitations and Standards....................... 5/13/2014 [date of final ..................... publication in the Federal Register] [final Federal Register citation]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-11579 Filed 6-4-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Proposed Rules 25975
only affect air traffic procedures and air ASO FL E4 New Smyrna Beach, FL www.regulations.gov. Follow the online
navigation, it is certified that this [Removed] instructions for submitting comments.
proposed rule, when promulgated, will Paragraph 6005 Class E Airspace Areas Once submitted, comments cannot be
not have a significant economic impact Extending Upward From 700 Feet or More edited or removed from Regulations.gov.
on a substantial number of small entities Above the Surface of the Earth. EPA may publish any comment received
under the criteria of the Regulatory * * * * * to its public docket. Do not submit
Flexibility Act. electronically any information you
ASO FL E5 New Smyrna Beach, FL consider to be Confidential Business
Environmental Review [Amended]
Information (CBI) or other information
New Smyrna Beach Municipal Airport, FL whose disclosure is restricted by statute.
This proposal will be subject to an (Lat. 29°03′21″ N, long. 80°56′56″ W)
environmental analysis in accordance Multimedia submissions (audio, video,
Massey Ranch Airpark, FL
etc.) must be accompanied by a written
with FAA Order 1050.1F, (Lat. 28°58′44″ N, long. 80°55′29″ W)
comment. The written comment is
‘‘Environmental Impacts: Policies and That airspace extending upward from 700
feet above the surface within a 6.8-mile
considered the official comment and
Procedures’’ prior to any FAA final
radius of New Smyrna Beach Municipal should include discussion of all points
regulatory action.
Airport, and within a 6.5-mile radius of you wish to make. The EPA will
Lists of Subjects in 14 CFR Part 71 Massey Ranch Airpark. generally not consider comments or
comment contents located outside of the
Airspace, Incorporation by reference, Issued in College Park, Georgia, on May 24, primary submission (i.e. on the web,
Navigation (air). 2018. cloud, or other file sharing system). For
Ryan W. Almasy, additional submission methods, the full
The Proposed Amendment
Manager, Operations Support Group, Eastern EPA public comment policy,
In consideration of the foregoing, the Service Center, Air Traffic Organization. information about CBI or multimedia
Federal Aviation Administration [FR Doc. 2018–11848 Filed 6–4–18; 8:45 am] submissions, and general guidance on
proposes to amend 14 CFR part 71 as BILLING CODE 4910–13–P making effective comments, please visit
follows: https://www2.epa.gov/dockets/
commenting-epa-dockets.
PART 71—DESIGNATION OF CLASS A, ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Greg
B, C, D, AND E AIRSPACE AREAS; AIR AGENCY Crable, Environmental Protection
TRAFFIC SERVICE ROUTES; AND Agency, Air Planning and Development
REPORTING POINTS 40 CFR Part 52 Branch, 11201 Renner Boulevard,
[EPA–R07–OAR–2018–0188; FRL–9978– Lenexa, Kansas 66219 at (913) 551–
■ 1. The authority citation for part 71 79—Region 7] 7391, or by email at crable.gregory@
continues to read as follows: epa.gov.
Approval of Nebraska Air Quality
Authority: 49 U.S.C. 106(f), 106(g); 40103, SUPPLEMENTARY INFORMATION:
Implementation Plan; Particulate
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Throughout this document ‘‘we,’’ ‘‘us,’’
Emissions; Limitations and Standards
1959–1963 Comp., p. 389. and ‘‘our’’ refer to EPA. This section
AGENCY: Environmental Protection provides additional information by
§ 71.1 [Amended] addressing the following:
Agency (EPA).
■ 2. The incorporation by reference in ACTION: Proposed rule. I. What is being addressed in this document?
14 CFR 71.1 of Federal Aviation II. Have the requirements for approval of a
Administration Order 7400.11B, SUMMARY: The Environmental Protection SIP revision been met?
Airspace Designations and Reporting Agency (EPA) is proposing to approve III. What action is EPA taking?
Points, dated August 3, 2017, and revisions to the State Implementation IV. Incorporation by Reference
Plan (SIP) submitted on July 14, 2014, V. Statutory and Executive Order Reviews
effective September 15, 2017, is
amended as follows: by the State of Nebraska. This proposed I. What is being addressed in this
action will amend the SIP to include document?
Paragraph 5000. Class D Airspace. revisions to title 129 of the Nebraska
Administrative Code, chapter 20 EPA is proposing to amend
* * * * * Nebraska’s SIP to include revisions to
‘‘Particulate Emissions; Limitations and
ASO FL D New Smyrna Beach, FL Standards’’. The revisions make clear title 129 of the Nebraska Administrative
[Amended] that the emission rates in the rule apply Code, chapter 20, ‘‘Particulate
New Smyrna Beach Municipal Airport, FL to applicable sources except when a Emissions; Limitations and Standards’’.
(Lat. 29°03′21″ N, long. 80°56′56″ W) more stringent Federal rule or limit in The revisions being addressed in this
a construction permit exists. Other action on chapter 20 were submitted
That airspace extending upward from the
minor administrative revisions are also with other title 129 chapters as part of
surface to but not including 1,200 feet MSL,
being made. Approval of these revisions the July 14, 2014 SIP submittal. EPA
within a 3.2-mile radius of New Smyrna
will not impact air quality, ensures took final action on two title 129
Beach Municipal Airport. This Class D
consistency between the State and chapters, chapter 1 ‘‘Definitions’’, and
airspace area is effective during the specific
Federally approved rules, and ensures chapter 15 ‘‘Operating Permit
amozie on DSK3GDR082PROD with PROPOSALS1
days and times established in advance by a
Notice to Airmen. The effective days and Federal enforceability of the State’s Modifications; Reopening for Cause’’. In
times will thereafter be continuously rules. that action, EPA stated it would take
published in the Chart Supplement.
action separately on chapter 20. See 83
DATES: Comments must be received on FR 14762. EPA is now proposing action
Paragraph 6004 Class E Airspace or before July 5, 2018. on chapter 20. The revisions to chapter
Designated as an Extension to a Class D ADDRESSES: Submit your comments, 20 are described below.
Surface Area. identified by Docket ID No. EPA–R07– Nebraska revised a clause under the
* * * * * OAR–2018–0188 to https:// chapter title from ‘‘(EXCEPTIONS DUE
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![Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Proposed Rules 25977
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
* * * * * * *
129–20 ......... Particulate Emissions; Limitations and Standards .......... 5/13/2014 [date of final publication in the Federal
Register] [final Federal Register ci-
tation].
* * * * * * *
* * * * * Business Information (CBI) or other legislature has amended the
[FR Doc. 2018–11579 Filed 6–4–18; 8:45 am] information whose disclosure is Administrative Procedure Act and the
BILLING CODE 6560–50–P restricted by statute. Multimedia public record laws which impose
submissions (audio, video, etc.) must be additional requirements on NDEQ.
accompanied by a written comment. NDEQ has adopted the revisions to title
ENVIRONMENTAL PROTECTION The written comment is considered the 115 and has requested EPA amend the
AGENCY official comment and should include SIP.
discussion of all points you wish to This action proposes to revise chapter
40 CFR Part 52 make. The EPA will generally not 1, Definitions of Terms; chapter 2,
[EPA–R07–OAR–2018–0307; FRL–9979– consider comments or comment Filings and Correspondence; chapter 3,
13—Region 7] contents located outside of the primary Public Records Availability; chapter 4,
submission (i.e. on the web, cloud, or Public Records Confidentiality; chapter
Air Plan Approval; Nebraska; other file sharing system). For
Revisions to Title 115 of the Nebraska 5, Public Hearings; chapter 7, Contested
additional submission methods, the full Cases; chapter 8, Emergency Proceeding
Administrative Code; Rules of Practice EPA public comment policy,
and Procedure Hearings; chapter 9, Declaratory
information about CBI or multimedia
Rulings; and chapter 10, Rulemaking.
AGENCY: Environmental Protection submissions, and general guidance on
This action proposes to revise the
Agency (EPA). making effective comments, please visit
chapter titles for chapters 2, 4, 8, 9 and
ACTION: Proposed rule.
https://www2.epa.gov/dockets/
10. No revisions are being made to
commenting-epa-dockets.
chapter 6, Voluntary Compliance.
SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: Greg
Chapter 11, Variances, is being deleted.
Agency (EPA) is proposing to approve Crable, Environmental Protection The proposed revisions to title 115 are
revisions to the State Implementation Agency, Air Planning and Development numerous and can be found in the
Plan (SIP) submitted by the State of Branch, 11201 Renner Boulevard, August 28, 2014 State submission which
Nebraska on August 28, 2014. This Lenexa, Kansas 66219 at (913) 551– is part of the docket.
proposed action will amend the SIP to 7391, or by email at crable.gregory@
revise title 115 of the Nebraska epa.gov. Specifically, the changes to chapters
Administrative Code ‘‘Nebraska Rules of 1, 2, 7, 8, 9 and 10 conform regulatory
SUPPLEMENTARY INFORMATION:
Practice and Procedure.’’ The proposed language to the Attorney General’s
Throughout this document ‘‘we,’’ ‘‘us,’’ model rules. Revisions to chapters 3 and
revisions to title 115 update the and ‘‘our’’ refer to EPA. This section
Nebraska Department of Environmental 5 better describe the procedures already
provides additional information by in place by practice for obtaining public
Quality’s (NDEQ) rules of practice and addressing the following:
procedure to incorporate legislative records and public hearings on permit
changes that have been made to the I. What is being addressed in this decisions or fact-finding hearings that
document? are required by law. Revisions to
State’s Administrative Procedure Act
II. Have the requirements for approval of a
and the public record laws. chapter 4 clarify the procedures for
SIP revision been met?
DATES: Comments must be received on III. What action is EPA taking? asserting a claim of confidentiality trade
or before July 5, 2018. IV. Incorporation by Reference secrets. Finally, chapter 11 is being
ADDRESSES: Submit your comments, V. Statutory and Executive Order Reviews deleted from title 115 because it is
identified by Docket ID No. EPA–R07– duplicative and found in chapter 33 of
OAR–2018–0307 to https:// I. What is being addressed in this title 129.
amozie on DSK3GDR082PROD with PROPOSALS1
www.regulations.gov. Follow the online document? EPA is proposing approval of these
instructions for submitting comments. EPA is proposing to amend revisions as they are not fundamentally
Once submitted, comments cannot be Nebraska’s SIP to include revisions to different from a procedural standpoint
edited or removed from Regulations.gov. title 115 of the Nebraska Administrative from existing rules. These revisions do
The EPA may publish any comment Code. The last revision to title 115— not impact air quality. The revisions do
received to its public docket. Do not Rules of Practice and Procedure was not revise emission limits or
submit electronically any information approved into the Nebraska SIP in 1994 procedures, nor do they impact the
you consider to be Confidential (60 FR 372). Since that time, the state’s ability to attain or maintain the
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Document Created: 2018-11-02 11:46:15
Document Modified: 2018-11-02 11:46:15
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before July 5, 2018. | |
| 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 | 83 FR 25975 | |
| 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 and Volatile Organic Compounds |
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