83 FR 42594 - Approval of Nebraska Air Quality Implementation Plan; Particulate Emissions; Limitations and Standards

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range		42594-42596
FR Document		2018-18103

The Environmental Protection Agency (EPA) is taking final action to approve revisions to the State Implementation Plan (SIP) submitted on July 14, 2014, by the State of Nebraska. This final 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.

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

[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Rules and Regulations]
[Pages 42594-42596]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-18103]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2018-0188; FRL-9982-06--Region 7]

Approval of Nebraska Air Quality Implementation Plan; Particulate
Emissions; Limitations and Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP)
submitted on July 14, 2014, by the State of Nebraska. This final 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: 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-2018-0188. 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. EPA's 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 approving amendments to Nebraska's SIP to include revisions
to title 129 of the Nebraska Administrative Code, chapter 20,
``Particulate Emissions; Limitations and Standards'' submitted to EPA
on July 14, 2014. EPA proposed approval of the State's submission in
its action published in the Federal Register on June 5, 2018 at 83 FR
25975. The chapter 20 revisions provide clarity to the chapter. The
revisions to chapter 20, being addressed in this action, were submitted
as a part of a larger package, revising other title 129 chapters,
submitted at the same time as the July 14, 2014 submittal. On April 6,
2018, EPA took final action on two title 129 chapters, chapter 1
``Definitions'', and chapter 15 ``Operating Permit Modifications;
Reopening for Cause.'' In that final action, EPA stated it would take
action separately on chapter 20. See 83 FR 14762. EPA is now taking a
final action to approve revisions to chapter 20. The revisions to
chapter 20 are described below.
Nebraska's Department of Environmental Quality (NDEQ)

[[Page 42595]]

approved the revision to the chapter title by removing,''(EXCEPTIONS
DUE TO BREAKDOWNS OR SCHEDULED MAINTENANCE: SEE CHAPTER 35)'' and
replacing it with a stand alone statement of exception that reads:
``For exceptions due to breakdowns or scheduled maintenance: see
Chapter 35--COMPLIANCE; EXCEPTIONS DUE TO STARTUP, SHUTDOWN, OR
MALFUNCTION.'' In addition, the submitted revision removes a footnote
to table 20-2, making it a stand alone section numbered 007 and
finally, the revision will add 008 clarifying that section 001 and 002
of chapter 20 applies unless a more stringent particulate matter
standard is specified in the underlying requirments of an applicable
Federal rule or is specified within a construction permit issued under
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 submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above, the revisions meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.

III. EPA's Response to Comments

The public comment period on EPA's proposed rule opened on June 5,
2018, the date of its publication in the Federal Register, and closed
on July 5, 2018. During this period, EPA received four comments. After
reviewing the comments, the EPA has determined that the comments are
outside the scope of our proposed rule and fails to identify any
material issue necessitating a response. Accordingly, the EPA will not
provide a specific response to the comments. We note that the public
comments received on this rulemaking action are available for review by
the public and may be viewed by following the instructions for access
to docket materials as outlined in the ADDRESSES section of this
preamble.

IV. What action is EPA taking?

EPA is taking final action to amend the Nebraska SIP, to include
revisions to title 129, chapter 20 as submitted by NDEQ on July 14,
2014.

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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule 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 October 22, 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).)

[[Page 42596]]

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 revising the entry for citation ``129-20''
to 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
----------------------------------------------------------------------------------------------------------------
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------

* * * * * * *
129-20................... Particulate Emissions; 5/13/2014 8/23/2018, [Insert .....................
Limitations and Federal Register
Standards. citation].

* * * * * * *
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* * * * *
[FR Doc. 2018-18103 Filed 8-22-18; 8:45 am]
BILLING CODE 6560-50-P

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
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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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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42595

approved the revision to the chapter by reference of the Nebraska Regulations safety risks subject to Executive Order
title by removing,’’(EXCEPTIONS DUE described in the amendments to 40 CFR 13045 (62 FR 19885, April 23, 1997);
TO BREAKDOWNS OR SCHEDULED part 52 set forth below. EPA has made, • Is not a significant regulatory action
MAINTENANCE: SEE CHAPTER 35)’’ and will continue to make, these subject to Executive Order 13211 (66 FR
and replacing it with a stand alone materials generally available through 28355, May 22, 2001);
statement of exception that reads: ‘‘For www.regulations.gov and at the EPA
exceptions due to breakdowns or Region 7 Office (please contact the • Is not subject to requirements of
scheduled maintenance: see Chapter person identified in the FOR FURTHER Section 12(d) of the National
35—COMPLIANCE; EXCEPTIONS DUE INFORMATION CONTACT section of this Technology Transfer and Advancement
TO STARTUP, SHUTDOWN, OR preamble for more information). Act of 1995 (15 U.S.C. 272 note) because
MALFUNCTION.’’ In addition, the Therefore, these materials have been application of those requirements would
submitted revision removes a footnote approved by EPA for inclusion in the be inconsistent with the Clean Air Act;
to table 20–2, making it a stand alone State implementation plan, have been and
section numbered 007 and finally, the incorporated by reference by EPA into • Does not provide EPA with the
revision will add 008 clarifying that that plan, are fully Federally enforceable discretionary authority to address, as
section 001 and 002 of chapter 20 under sections 110 and 113 of the CAA appropriate, disproportionate human
applies unless a more stringent as of the effective date of the final health or environmental effects, using
particulate matter standard is specified rulemaking of EPA’s approval, and will practicable and legally permissible
in the underlying requirments of an be incorporated by reference in the next methods, under Executive Order 12898
applicable Federal rule or is specified update to the SIP compilation.1 (59 FR 7629, February 16, 1994).
within a construction permit issued VI. Statutory and Executive Order In addition, the SIP is not approved
under title 129. Reviews to apply on any Indian reservation land
II. Have the requirements for approval Under the Clean Air Act, the or in any other area where EPA or an
of a SIP Revision been met? Administrator is required to approve a Indian tribe has demonstrated that a
The state submission has met the SIP submission that complies with the tribe has jurisdiction. In those areas of
public notice requirements for SIP provisions of the Act and applicable Indian country, the rule does not have
submissions in accordance with 40 CFR Federal regulations. 42 U.S.C. 7410(k); tribal implications and will not impose
51.102. The submission also satisfied 40 CFR 52.02(a). Thus, in reviewing SIP substantial direct costs on tribal
the completeness criteria of 40 CFR part submissions, EPA’s role is to approve governments or preempt tribal law as
51, appendix V. In addition, as state choices, provided that they meet specified by Executive Order 13175 (65
explained above, the revisions meet the the criteria of the CAA. Accordingly, FR 67249, November 9, 2000).
substantive SIP requirements of the this action merely approves state law as The Congressional Review Act, 5
CAA, including section 110 and meeting Federal requirements and does U.S.C. 801 et seq., as added by the Small
implementing regulations. not impose additional requirements Business Regulatory Enforcement
beyond those imposed by state law. For Fairness Act of 1996, generally provides
III. EPA’s Response to Comments
that reason, this action: that before a rule may take effect, the
The public comment period on EPA’s • Is not a significant regulatory action agency promulgating the rule must
proposed rule opened on June 5, 2018, subject to review by the Office of submit a rule report, which includes a
the date of its publication in the Federal Management and Budget under copy of the rule, to each House of the
Register, and closed on July 5, 2018. Executive Orders 12866 (58 FR 51735, Congress and to the Comptroller General
During this period, EPA received four October 4, 1993) and 13563 (76 FR 3821, of the United States. EPA will submit a
comments. After reviewing the January 21, 2011); report containing this action and other
comments, the EPA has determined that • Is not an Executive Order 13771 (82 required information to the U.S. Senate,
the comments are outside the scope of FR 9339, February 2, 2017) regulatory the U.S. House of Representatives, and
our proposed rule and fails to identify action because SIP approvals are the Comptroller General of the United
any material issue necessitating a exempted under Executive Order 12866. States prior to publication of the rule in
response. Accordingly, the EPA will not • Does not impose an information the Federal Register. A major rule
provide a specific response to the collection burden under the provisions cannot take effect until 60 days after it
comments. We note that the public of the Paperwork Reduction Act (44 is published in the Federal Register.
comments received on this rulemaking U.S.C. 3501 et seq.); This action is not a ‘‘major rule’’ as
action are available for review by the • Is certified as not having a defined by 5 U.S.C. 804(2).
public and may be viewed by following significant economic impact on a
the instructions for access to docket substantial number of small entities Under section 307(b)(1) of the Clean
materials as outlined in the ADDRESSES under the Regulatory Flexibility Act (5 Air Act, petitions for judicial review of
section of this preamble. U.S.C. 601 et seq.); this action must be filed in the United
• Does not contain any unfunded States Court of Appeals for the
IV. What action is EPA taking? mandate or significantly or uniquely appropriate circuit by October 22, 2018.
EPA is taking final action to amend affect small governments, as described Filing a petition for reconsideration by
the Nebraska SIP, to include revisions to in the Unfunded Mandates Reform Act the Administrator of this final rule does
title 129, chapter 20 as submitted by of 1995 (Pub. L. 104–4); not affect the finality of this action for
NDEQ on July 14, 2014. • Does not have Federalism the purposes of judicial review nor does
it extend the time within which a
daltland on DSKBBV9HB2PROD with RULES

implications as specified in Executive
V. Incorporation by Reference Order 13132 (64 FR 43255, August 10, petition for judicial review may be filed,
In this rule, EPA is finalizing 1999); and shall not postpone the effectiveness
regulatory text that includes • Is not an economically significant of such rule or action. This action may
incorporation by reference. In regulatory action based on health or not be challenged later in proceedings to
accordance with requirements of 1 CFR enforce its requirements. (See section
51.5, EPA is finalizing the incorporation 1 62 FR 27968 (May 22, 1997). 307(b)(2).)

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Document Created: 2018-08-23 00:33:47
Document Modified: 2018-08-23 00:33:47

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 42594
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