83 FR 25977 - Air Plan Approval; Nebraska; Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 108 (June 5, 2018)
Federal Register Volume 83, Issue 108 (June 5, 2018)
| Page Range | 25977-25979 | |
| FR Document | 2018-12072 |
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)] [Proposed Rules] [Pages 25977-25979] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12072] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2018-0307; FRL-9979-13--Region 7] Air Plan Approval; Nebraska; Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure 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 by the State of Nebraska on August 28, 2014. This proposed action will amend the SIP to revise title 115 of the Nebraska Administrative Code ``Nebraska Rules of Practice and Procedure.'' The proposed revisions to title 115 update the Nebraska Department of Environmental Quality's (NDEQ) rules of practice and procedure to incorporate legislative changes that have been made to the State's Administrative Procedure Act and the public record laws. DATES: Comments must be received on or before July 5, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2018-0307 to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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 115 of the Nebraska Administrative Code. The last revision to title 115--Rules of Practice and Procedure was approved into the Nebraska SIP in 1994 (60 FR 372). Since that time, the legislature has amended the Administrative Procedure Act and the public record laws which impose additional requirements on NDEQ. NDEQ has adopted the revisions to title 115 and has requested EPA amend the SIP. This action proposes to revise chapter 1, Definitions of Terms; chapter 2, Filings and Correspondence; chapter 3, Public Records Availability; chapter 4, Public Records Confidentiality; chapter 5, Public Hearings; chapter 7, Contested Cases; chapter 8, Emergency Proceeding Hearings; chapter 9, Declaratory Rulings; and chapter 10, Rulemaking. This action proposes to revise the chapter titles for chapters 2, 4, 8, 9 and 10. No revisions are being made to chapter 6, Voluntary Compliance. Chapter 11, Variances, is being deleted. The proposed revisions to title 115 are numerous and can be found in the August 28, 2014 State submission which is part of the docket. Specifically, the changes to chapters 1, 2, 7, 8, 9 and 10 conform regulatory language to the Attorney General's model rules. Revisions to chapters 3 and 5 better describe the procedures already in place by practice for obtaining public records and public hearings on permit decisions or fact-finding hearings that are required by law. Revisions to chapter 4 clarify the procedures for asserting a claim of confidentiality trade secrets. Finally, chapter 11 is being deleted from title 115 because it is duplicative and found in chapter 33 of title 129. EPA is proposing approval of these revisions as they are not fundamentally different from a procedural standpoint from existing rules. These revisions do not impact air quality. The revisions do not revise emission limits or procedures, nor do they impact the state's ability to attain or maintain the [[Page 25978]] National Ambient Air Quality Standards. 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 title 115 chapters were placed on public notice on January 30, 2004, and a public hearing was held by the NDEQ on March 5, 2004. During the public hearing NDEQ received three comments. NDEQ addressed each of the comments and made no change to the rule based on comments received. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above, and as demonstrated in the documents in the docket, the revisions meet 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 115 SIP revision submitted by the State of Nebraska on August 28, 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 25, 2018. James B. Gulliford, 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(c) by: 0 a. Revising the entries for 115-1; 115-2; 115-3; 115-4; 115-5; 115-7; 115-8; 115-9; and 115-10; and 0 b. Removing the entry for 115-11. The revisions 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 ---------------------------------------------------------------------------------------------------------------- [[Page 25979]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Title 115--Rules of Practice and Procedure ---------------------------------------------------------------------------------------------------------------- 115-1................... Definitions of Terms... 6/8/2004 [date of final ....................... publication in the Federal Register] [final Federal Register citation]. 115-2................... Petition for 6/8/2004 [date of final ....................... Declaratory Order. publication in the Federal Register] [final Federal Register citation]. 115-3................... Public Records 6/8/2004 [date of final ....................... Availability. publication in the Federal Register] [final Federal Register citation]. 115-4................... Confidentiality for 6/8/2004 [date of final ....................... Trade Secrets. publication in the Federal Register] [final Federal Register citation]. 115-5................... Public Hearings........ 6/8/2004 [date of final ....................... publication in the Federal Register] [final Federal Register citation]. * * * * * * * 115-7................... Contested Cases........ 6/8/2004 [date of final ....................... publication in the Federal Register] [final Federal Register citation]. 115-8................... Intervention in a 6/8/2004 [date of final ....................... Contested Case. publication in the Federal Register] [final Federal Register citation]. 115-9................... Ex Parte Communications 6/8/2004 [date of final ....................... Prohibited. publication in the Federal Register] [final Federal Register citation]. 115-10.................. Petition for Rulemaking 6/8/2004 [date of final ....................... publication in the Federal Register] [final Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-12072 Filed 6-4-18; 8:45 am] BILLING CODE 6560-50-P
![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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![Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Proposed Rules 25979
EPA-APPROVED NEBRASKA REGULATIONS—Continued
State
Nebraska Title effective EPA approval date Explanation
citation date
* * * * * * *
Title 115—Rules of Practice and Procedure
115–1 ............ Definitions of Terms .................................... 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
115–2 ............ Petition for Declaratory Order ..................... 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
115–3 ............ Public Records Availability .......................... 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
115–4 ............ Confidentiality for Trade Secrets ................ 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
115–5 ............ Public Hearings ........................................... 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
* * * * * * *
115–7 ............ Contested Cases ........................................ 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
115–8 ............ Intervention in a Contested Case ............... 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
115–9 ............ Ex Parte Communications Prohibited ......... 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
115–10 .......... Petition for Rulemaking .............................. 6/8/2004 [date of final publication in the Federal Register]
[final Federal Register citation].
* * * * * ‘‘infrastructure’’ SIPs. The infrastructure submissions, and general guidance on
[FR Doc. 2018–12072 Filed 6–4–18; 8:45 am] requirements are designed to ensure that making effective comments, please visit
BILLING CODE 6560–50–P the structural components of each https://www2.epa.gov/dockets/
state’s air quality management program commenting-epa-dockets.
are adequate to meet the state’s FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION responsibilities under the CAA. In this Tracey Casburn, Environmental
AGENCY action EPA is proposing to approve the Protection Agency, Air Planning and
interstate transportion obligations of the Development Branch, 11201 Renner
40 CFR Part 52 State’s 2012 PM2.5 NAAQS Boulevard, Lenexa, Kansas 66219 at
[EPA–R07–OAR–2018–0261; FRL–9978– infrastructure SIP submittal. (913) 551–7016, or by email at
78—Region 7] casburn.tracey@epa.gov.
DATES: Comments must be received on
or before July 5, 2018. SUPPLEMENTARY INFORMATION:
Approval of Missouri Air Quality
Implementation Plans; Infrastructure Throughout this document ‘‘we,’’ ‘‘us,’’
ADDRESSES: Submit your comments,
SIP Requirements for the 2012 Annual and ‘‘our’’ refer to EPA. This section
identified by Docket ID No. EPA–R07–
Fine Particulate Matter (PM2.5) National provides additional information by
OAR–2018–0261, to https://
Ambient Air Quality Standard addressing the following:
www.regulations.gov. Follow the online
Interstate Transport instructions for submitting comments. I. What is being addressed in this document?
Once submitted, comments cannot be II. Have the requirements for approval of a
AGENCY: Environmental Protection SIP submission been met?
Agency (EPA). edited or removed from Regulations.gov.
III. What action is EPA taking?
ACTION: Proposed rule.
The EPA may publish any comment IV. Incorporation by Reference
received to its public docket. Do not V. Statutory and Executive Order Reviews
SUMMARY: The Environmental Protection submit electronically any information
Agency (EPA) is proposing to approve you consider to be Confidential I. What is being addressed in this
elements of a State Implementation Plan Business Information (CBI) or other document?
(SIP) submission from the State of information whose disclosure is EPA is proposing to approve the
Missouri for the 2012 Annual Fine restricted by statute. Multimedia submittal as meeting the submittal
Particulate Matter (PM2.5) National submissions (audio, video, etc.) must be requirement of section 110(a)(1). EPA is
Ambient Air Quality Standard accompanied by a written comment. proposing to approve certain elements
(NAAQS). States are required to have a The written comment is considered the of the infrastructure SIP submission
SIP that provides for the official comment and should include from the State of Missouri received on
implementation, maintenance, and discussion of all points you wish to October 14, 2015. Specifically, EPA is
amozie on DSK3GDR082PROD with PROPOSALS1
enforcement of the NAAQS. Whenever make. The EPA will generally not proposing to approve the following
EPA promulgates a new or revised consider comments or comment elements of section 110(a)(2)(D)(i)(I)—
NAAQS, states are required to make a contents located outside of the primary significant contribution to
SIP submission to establish that they submission (i.e. on the web, cloud, or nonattainment (prong 1), and interfering
have, or to add, the provisions necessary other file sharing system). For with maintenance of the NAAQs (prong
to address various requirements to additional submission methods, the full 2). EPA has already addressed elements
address the new or revised NAAQS. EPA public comment policy, of 110(a)(2) including: (A) Through (C),
These SIPs are commonly referred to as information about CBI or multimedia (D)(i)(II)—prevention of significant
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Document Created: 2018-11-02 11:46:27
Document Modified: 2018-11-02 11:46:27
| 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 25977 | |
| 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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