83 FR 42592 - 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 164 (August 23, 2018)

Page Range		42592-42594
FR Document		2018-18104

The Environmental Protection Agency (EPA) is approving revisions to the Nebraska State Implementation Plan (SIP) addressing the legal practices and procedures that govern the Nebraska Department of Environmental Quality (NDEQ) relating to public record law and the State's Administrative Procedure Act. The State revised their regulations based on legislative amendments to the State's Administrative Procedure Act and the public record laws which imposed additional requirements on the Nebraska Department of Environmental Quality. Specifically, revisions are being made to definitions, filings and correspondence, public record availability and confidentiality, public hearings, contested cases, emergency proceeding hearings, declaratory rulings, rulemaking and variances. These revisions do not impact air quality, do not revise emission limits or procedures, nor do they impact the State's ability to attain or maintain the National Ambient Air Quality Standards.

Federal Register, Volume 83 Issue 164 (Thursday, August 23, 2018)

[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42592-42594]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-18104]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0307; FRL-9982-07--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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Nebraska State Implementation Plan (SIP) addressing
the legal practices and procedures that govern the Nebraska Department
of Environmental Quality (NDEQ) relating to public record law and the
State's Administrative Procedure Act. The State revised their
regulations based on legislative amendments to the State's
Administrative Procedure Act and the public record laws which imposed
additional requirements on the Nebraska Department of Environmental
Quality. Specifically, revisions are being made to definitions, filings
and correspondence, public record availability and confidentiality,
public hearings, contested cases, emergency proceeding hearings,
declaratory rulings, rulemaking and variances. These revisions do not
impact air quality, do not revise emission limits or procedures, nor do
they impact the State's ability to attain or maintain the National
Ambient Air Quality Standards.

DATES: This final rule is effective on September 24, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2018-0307. 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: 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. Response to Comments
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

EPA is taking final action to approve revisions to the SIP
submitted by the State of Nebraska on August 28, 2014. This action will
amend the SIP to revise title 115 of the Nebraska Administrative Code.
Title 115 addresses the legal practices and procedures that govern the
Nebraska Department of Environmental Quality (NDEQ) relating to public
record law and the State's Administrative Procedure Act. EPA proposed
approval of Nebraska's SIP submission in its action published in the
Federal Register on June 5, 2018, at 83 FR 25977. The last revision to
title 115, Rules of Practice and Procedure, was approved on January 4,
1995, at 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 amends the SIP by revising 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. Also, this action approves the revision to 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 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 approving 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 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.

[[Page 42593]]

III. Response to Comments

The EPA proposed action on this SIP, published in the Federal
Register on June 5, 2018, (83 FR 25977) received no comments.

IV. What action is EPA taking?

EPA is taking final action to amend the Nebraska SIP. This action
will amend the SIP to revise title 115 of the Nebraska Administrative
Code ``Nebraska Rules of Practice and Procedure.'' The revisions to
title 115 update the 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.

V. 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 in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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VI. 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 (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 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).

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: August 16, 2018.
James B. Gulliford,
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. Amend Sec. 52.1420(c) by:
0
a. Revising the entries for citations 115-1, 115-2, 115-3, 115-4, 115-
5, 115-7, 115-8, 115-9, and 115-10;
0
b. Removing the entry for citation 115-11.
The revisions read as follows:

Sec. 52.1420 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Nebraska Regulations
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State
Nebraska citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
Department of Environmental Quality
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[[Page 42594]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Title 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
115-1.................... Definitions of Terms.. 6/8/2004 8/23/2018, [Insert
Federal Register
citation].
115-2.................... Petition for 6/8/2004 8/23/2018, [Insert
Declaratory Order. Federal Register
citation].
115-3.................... Public Records 6/8/2004 8/23/2018, [Insert
Availability. Federal Register
citation].
115-4.................... Confidentiality for 6/8/2004 8/23/2018, [Insert
Trade Secrets. Federal Register
citation].
115-5.................... Public Hearings....... 6/8/2004 8/23/2018, [Insert
Federal Register
citation].

* * * * * * *
115-7.................... Contested Cases....... 6/8/2004 8/23/2018, [Insert
Federal Register
citation].
115-8.................... Intervention in a 6/8/2004 8/23/2018, [Insert
Contested Case. Federal Register
citation].
115-9.................... Ex Parte 6/8/2004 8/23/2018, [Insert
Communications Federal Register
Prohibited. citation].
115-10................... Petition for 6/8/2004 8/23/2018, [Insert
Rulemaking. Federal Register
citation].

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

* * * * *
[FR Doc. 2018-18104 Filed 8-22-18; 8:45 am]
BILLING CODE 6560-50-P

42592 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations

The revisions read as follows: DATES: This final rule is effective on This action amends the SIP by
September 24, 2018. revising chapter 1, Definitions of Terms;
§ 52.1675 Control strategy and
regulations: Sulfur oxides. ADDRESSES: EPA has established a chapter 2, Filings and Correspondence;
docket for this action under Docket ID chapter 3, Public Records Availability;
* * * * * chapter 4, Public Records
(d) [Reserved] No. EPA–R07–OAR–2018–0307. All
documents in the docket are listed on Confidentiality; chapter 5, Public
(e) Any exception or variance Hearings; chapter 7, Contested Cases;
promulgated by the Commissioner the https://www.regulations.gov
website. Although listed in the index, chapter 8, Emergency Proceeding
under 6 NYCRR Sections 225–1.3 and
some information is not publicly Hearings; chapter 9, Declaratory
1.4(b) shall not exempt any person from
available, i.e., CBI or other information Rulings; and chapter 10, Rulemaking.
the requirements otherwise imposed by
whose disclosure is restricted by statute. Also, this action approves the revision
6 NYCRR Subpart 225–1; provided that
Certain other material, such as to the chapter titles for chapters 2, 4, 8,
the Administrator may approve such
exception or variance as a plan revision copyrighted material, is not placed on 9 and 10. No revisions are being made
when the provisions of this part, section the internet and will be publicly to chapter 6, Voluntary Compliance.
110 (a)(3)(A) of the Act, and 40 CFR part available only in hard copy form. Chapter 11, Variances, is being deleted.
51 (relating to approval of and revisions Publicly available docket materials are The revisions to title 115 are numerous
to State implementation plans) have available through https:// and can be found in the August 28, 2014
been satisfied with respect to such www.regulations.gov or please contact State submission which is part of the
exception or variance. the person identified in the FOR FURTHER docket.
INFORMATION CONTACT section for
[FR Doc. 2018–18115 Filed 8–22–18; 8:45 am] Specifically, the changes to chapters
additional information.
BILLING CODE 6560–50–P 1, 2, 7, 8, 9 and 10 conform regulatory
FOR FURTHER INFORMATION CONTACT: Greg language to the Attorney General’s
Crable, Environmental Protection model rules. Revisions to chapters 3 and
ENVIRONMENTAL PROTECTION Agency, Air Planning and Development 5 better describe the procedures already
AGENCY Branch, 11201 Renner Boulevard, in place by practice for obtaining public
Lenexa, Kansas 66219 at (913) 551– records and public hearings on permit
40 CFR Part 52 7391, or by email at crable.gregory@ decisions or fact-finding hearings that
epa.gov. are required by law. Revisions to
[EPA–R07–OAR–2018–0307; FRL–9982– SUPPLEMENTARY INFORMATION: chapter 4 clarify the procedures for
07—Region 7] Throughout this document ‘‘we,’’ ‘‘us,’’ asserting a claim of confidentiality trade
and ‘‘our’’ refer to EPA. This section secrets. Finally, chapter 11 is being
Air Plan Approval; Nebraska; deleted from title 115 because it is
provides additional information by
Revisions to Title 115 of the Nebraska duplicative and found in chapter 33 of
addressing the following:
Administrative Code; Rules of Practice title 129.
and Procedure I. What is being addressed in this document?
II. Have the requirements for approval of a EPA is approving these revisions as
AGENCY: Environmental Protection SIP revision been met? they are not fundamentally different
Agency (EPA). III. Response to Comments from a procedural standpoint from
IV. What action is EPA taking? existing rules. These revisions do not
ACTION: Final rule.
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews impact air quality. The revisions do not
SUMMARY: The Environmental Protection revise emission limits or procedures,
Agency (EPA) is approving revisions to nor do they impact the state’s ability to
I. What is being addressed in this
the Nebraska State Implementation Plan attain or maintain the National Ambient
document?
(SIP) addressing the legal practices and Air Quality Standards.
procedures that govern the Nebraska EPA is taking final action to approve
Department of Environmental Quality revisions to the SIP submitted by the II. Have the requirements for approval
(NDEQ) relating to public record law State of Nebraska on August 28, 2014. of a SIP revision been met?
and the State’s Administrative This action will amend the SIP to revise
Procedure Act. The State revised their title 115 of the Nebraska Administrative The state submission has met the
regulations based on legislative Code. Title 115 addresses the legal public notice requirements for SIP
amendments to the State’s practices and procedures that govern the submissions in accordance with 40 CFR
Administrative Procedure Act and the Nebraska Department of Environmental 51.102. The revised title 115 chapters
public record laws which imposed Quality (NDEQ) relating to public record were placed on public notice on January
additional requirements on the law and the State’s Administrative 30, 2004, and a public hearing was held
Nebraska Department of Environmental Procedure Act. EPA proposed approval by the NDEQ on March 5, 2004. During
Quality. Specifically, revisions are being of Nebraska’s SIP submission in its the public hearing NDEQ received three
made to definitions, filings and action published in the Federal Register comments. NDEQ addressed each of the
correspondence, public record on June 5, 2018, at 83 FR 25977. The comments and made no change to the
availability and confidentiality, public last revision to title 115, Rules of rule based on comments received. The
hearings, contested cases, emergency Practice and Procedure, was approved submission also satisfied the
proceeding hearings, declaratory on January 4, 1995, at 60 FR 372. Since completeness criteria of 40 CFR part 51,
rulings, rulemaking and variances. that time, the legislature has amended appendix V. In addition, as explained
daltland on DSKBBV9HB2PROD with RULES

These revisions do not impact air the Administrative Procedure Act and above, and as demonstrated in the
quality, do not revise emission limits or the public record laws which impose documents in the docket, the revisions
procedures, nor do they impact the additional requirements on NDEQ. meet the substantive SIP requirements
State’s ability to attain or maintain the NDEQ has adopted the revisions to title of the Clean Air Act (CAA), including
National Ambient Air Quality 115 and has requested EPA amend the section 110 and implementing
Standards. SIP. regulations.

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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42593

III. Response to Comments submissions, EPA’s role is to approve practicable and legally permissible
The EPA proposed action on this SIP, state choices, provided that they meet methods, under Executive Order 12898
published in the Federal Register on the criteria of the CAA. Accordingly, (59 FR 7629, February 16, 1994).
June 5, 2018, (83 FR 25977) received no this action merely approves state law as In addition, the SIP is not approved
comments. meeting Federal requirements and does to apply on any Indian reservation land
not impose additional requirements or in any other area where EPA or an
IV. What action is EPA taking? beyond those imposed by state law. For Indian tribe has demonstrated that a
EPA is taking final action to amend that reason, this action: tribe has jurisdiction. In those areas of
the Nebraska SIP. This action will • Is not a significant regulatory action Indian country, the rule does not have
amend the SIP to revise title 115 of the subject to review by the Office of tribal implications and will not impose
Nebraska Administrative Code Management and Budget under substantial direct costs on tribal
‘‘Nebraska Rules of Practice and Executive Orders 12866 (58 FR 51735, governments or preempt tribal law as
Procedure.’’ The revisions to title 115 October 4, 1993) and 13563 (76 FR 3821, specified by Executive Order 13175 (65
update the NDEQ rules of practice and January 21, 2011); FR 67249, November 9, 2000).
procedure to incorporate legislative • Is not an Executive Order 13771 (82
changes that have been made to the FR 9339, February 2, 2017) regulatory List of Subjects in 40 CFR Part 52
State’s Administrative Procedure Act action because SIP approvals are Environmental protection, Air
and the public record laws. exempted under Executive Order 12866. pollution control, Carbon monoxide,
• Does not impose an information Incorporation by reference,
V. Incorporation by Reference collection burden under the provisions Intergovernmental relations, Lead,
In this rule, EPA is finalizing of the Paperwork Reduction Act (44 Nitrogen dioxide, Ozone, Particulate
regulatory text that includes U.S.C. 3501 et seq.); matter, Reporting and recordkeeping
incorporation by reference. In • Is certified as not having a
requirements, Sulfur oxides, Volatile
accordance with requirements of 1 CFR significant economic impact on a
organic compounds.
51.5, EPA is finalizing the incorporation substantial number of small entities
by reference of the Nebraska Regulations under the Regulatory Flexibility Act (5 Dated: August 16, 2018.
described in the amendments to 40 CFR U.S.C. 601 et seq.); James B. Gulliford,
part 52 set forth below. EPA has made, • Does not contain any unfunded Regional Administrator, Region 7.
and will continue to make, these mandate or significantly or uniquely
For the reasons stated in the
materials generally available through affect small governments, as described
preamble, EPA amends 40 CFR part 52
www.regulations.gov and at the EPA in the Unfunded Mandates Reform Act
as set forth below:
Region 7 Office (please contact the of 1995 (Pub. L. 104–4);
person identified in the ‘‘For Further • Does not have Federalism PART 52—APPROVAL AND
Information Contact’’ section of this implications as specified in Executive PROMULGATION OF
preamble for more information). Order 13132 (64 FR 43255, August 10, IMPLEMENTATION PLANS
Therefore, these materials have been 1999);
approved by EPA for inclusion in the • Is not an economically significant ■ 1. The authority citation for part 52
State implementation plan, have been regulatory action based on health or continues to read as follows:
incorporated by reference by EPA into safety risks subject to Executive Order
that plan, are fully Federally enforceable 13045 (62 FR 19885, April 23, 1997); Authority: 42 U.S.C. 7401 et seq.
under sections 110 and 113 of the CAA • Is not a significant regulatory action
subject to Executive Order 13211 (66 FR Subpart CC—Nebraska
as of the effective date of the final
rulemaking of EPA’s approval, and will 28355, May 22, 2001);
• Is not subject to requirements of ■ 2. Amend § 52.1420(c) by:
be incorporated by reference in the next
update to the SIP compilation.1 Section 12(d) of the National ■ a. Revising the entries for citations
Technology Transfer and Advancement 115–1, 115–2, 115–3, 115–4, 115–5,
VI. Statutory and Executive Order Act of 1995 (15 U.S.C. 272 note) because 115–7, 115–8, 115–9, and 115–10;
Reviews application of those requirements would ■ b. Removing the entry for citation
Under the Clean Air Act, the be inconsistent with the Clean Air Act; 115–11.
Administrator is required to approve a and The revisions read as follows:
SIP submission that complies with the • Does not provide EPA with the
provisions of the Act and applicable discretionary authority to address, as § 52.1420 Identification of plan.
Federal regulations. 42 U.S.C. 7410(k); appropriate, disproportionate human * * * * *
40 CFR 52.02(a). Thus, in reviewing SIP health or environmental effects, using (c) * * *

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

STATE OF NEBRASKA

Department of Environmental Quality
daltland on DSKBBV9HB2PROD with RULES

1 62 FR 27968 (May 22, 1997).

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42594 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations

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

* * * * * * *

Title 115—Rules of Practice and Procedure

115–1 .............. Definitions of Terms ....................... 6/8/2004 8/23/2018, [Insert Federal Reg-
ister citation].
115–2 .............. Petition for Declaratory Order ........ 6/8/2004 8/23/2018, [Insert Federal Reg-
ister citation].
115–3 .............. Public Records Availability ............ 6/8/2004 8/23/2018, [Insert Federal Reg-
ister citation].
115–4 .............. Confidentiality for Trade Secrets ... 6/8/2004 8/23/2018, [Insert Federal Reg-
ister citation].
115–5 .............. Public Hearings .............................. 6/8/2004 8/23/2018, [Insert Federal Reg-
ister citation].

* * * * * * *
115–7 .............. Contested Cases ........................... 6/8/2004 8/23/2018, [Insert Federal Reg-
ister citation].
115–8 .............. Intervention in a Contested Case .. 6/8/2004 8/23/2018, [Insert Federal Reg-
ister citation].
115–9 .............. Ex Parte Communications Prohib- 6/8/2004 8/23/2018, [Insert Federal Reg-
ited. ister citation].
115–10 ............ Petition for Rulemaking ................. 6/8/2004 8/23/2018, [Insert Federal Reg-
ister citation].

* * * * * * *

* * * * * Federal enforceability of the State’s II. Have the requirements for approval of a
[FR Doc. 2018–18104 Filed 8–22–18; 8:45 am] rules. SIP Revision been met?
BILLING CODE 6560–50–P III. EPA’s Response to Comments.
DATES: This final rule is effective on IV. What action is EPA taking?
September 24, 2018. V. Incorporation by Reference.
ENVIRONMENTAL PROTECTION VI. Statutory and Executive Order Reviews.
ADDRESSES: EPA has established a
AGENCY docket for this action under Docket ID
I. What is being addressed in this
No. EPA–R07–OAR–2018–0188. All
40 CFR Part 52 document?
documents in the docket are listed on
[EPA–R07–OAR–2018–0188; FRL–9982– the https://www.regulations.gov EPA is approving amendments to
06—Region 7] website. Although listed in the index, Nebraska’s SIP to include revisions to
some information is not publicly title 129 of the Nebraska Administrative
Approval of Nebraska Air Quality available, i.e., CBI or other information Code, chapter 20, ‘‘Particulate
Implementation Plan; Particulate whose disclosure is restricted by statute. Emissions; Limitations and Standards’’
Emissions; Limitations and Standards Certain other material, such as submitted to EPA on July 14, 2014. EPA
AGENCY: Environmental Protection copyrighted material, is not placed on proposed approval of the State’s
Agency (EPA). the internet and will be publicly submission in its action published in
available only in hard copy form. the Federal Register on June 5, 2018 at
ACTION: Final rule.
Publicly available docket materials are 83 FR 25975. The chapter 20 revisions
SUMMARY: The Environmental Protection available through https:// provide clarity to the chapter. The
Agency (EPA) is taking final action to www.regulations.gov or please contact revisions to chapter 20, being addressed
approve revisions to the State the person identified in the FOR FURTHER in this action, were submitted as a part
Implementation Plan (SIP) submitted on INFORMATION CONTACT section for of a larger package, revising other title
July 14, 2014, by the State of Nebraska. additional information. 129 chapters, submitted at the same
This final action will amend the SIP to FOR FURTHER INFORMATION CONTACT: Greg time as the July 14, 2014 submittal. On
include revisions to title 129 of the Crable, Environmental Protection April 6, 2018, EPA took final action on
Nebraska Administrative Code, chapter Agency, Air Planning and Development two title 129 chapters, chapter 1
20 ‘‘Particulate Emissions; Limitations Branch, 11201 Renner Boulevard, ‘‘Definitions’’, and chapter 15
and Standards’’. The revisions make Lenexa, Kansas 66219 at (913) 551– ‘‘Operating Permit Modifications;
clear that the emission rates in the rule 7391, or by email at crable.gregory@ Reopening for Cause.’’ In that final
apply to applicable sources except when epa.gov. action, EPA stated it would take action
a more stringent Federal rule or limit in separately on chapter 20. See 83 FR
daltland on DSKBBV9HB2PROD with RULES

a construction permit exists. Other SUPPLEMENTARY INFORMATION: 14762. EPA is now taking a final action
minor administrative revisions are also Throughout this document ‘‘we,’’ ‘‘us,’’ to approve revisions to chapter 20. The
being made. Approval of these revisions and ‘‘our’’ refer to EPA. This section revisions to chapter 20 are described
will not impact air quality, ensures provides additional information by below.
consistency between the State and addressing the following: Nebraska’s Department of
Federally approved rules, and ensures I. What is being addressed in this document? Environmental Quality (NDEQ)

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Document Created: 2018-08-23 00:33:40
Document Modified: 2018-08-23 00:33:40

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 September 24, 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 42592
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