Rule2024-17672
Air Plan Approval; Nebraska; Revisions to Title 129 of the Nebraska Administrative Code; Nebraska Air Quality Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2024
Effective
September 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP), Operating Permits Program, and 112(l) Plan for the State of Nebraska. This final action will amend the SIP to revise Nebraska air quality regulations and will add specific definitions from a Nebraska statute. These changes include new and renumbered rules, the consolidation of 43 chapters into 16 chapters, replacement of duplicative language with references to state statute and federal regulation, revisions to reflect changes to state and federal law, and other changes to state regulations. The EPA's approval of this rule revision is in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66609-66612]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17672]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2024-0025; FRL-11676-02-R7]
Air Plan Approval; Nebraska; Revisions to Title 129 of the
Nebraska Administrative Code; Nebraska Air Quality Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP),
Operating Permits Program, and 112(l) Plan for the State of Nebraska.
This final action will amend the SIP to revise Nebraska air quality
regulations and will add specific definitions from a Nebraska statute.
These changes include new and renumbered rules, the consolidation of 43
chapters into 16 chapters, replacement of duplicative language with
references to state statute and federal regulation, revisions to
reflect changes to state and federal law, and other changes to state
regulations. The EPA's approval of this rule revision is in accordance
with the requirements of the Clean Air Act (CAA).
DATES: This final rule is effective on September 16, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2024-0025. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.
FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7714; email address: <a href="/cdn-cgi/l/email-protection#3a494e55545f144d535656535b577a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="67141308090249100e0b0b0e060a2702170649000811">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is amending Nebraska's SIP and Operating Permits Program to
include revisions to title 129 of the Nebraska Administrative Code and
to add specific definitions from Nebraska Revised Statute 81-1502. The
EPA is approving revisions to the Nebraska SIP received on December 2,
2022. The revisions are to Title 129--Nebraska Air Quality Regulations
and include specific definitions from Nebraska Revised Statute 81-1502.
These changes include new and renumbered rules, the consolidation of 43
chapters into 16 chapters, replacement of duplicative language with
references to state statute and federal regulation, approval of
specific definitions in state statute, revisions to reflect changes to
state and federal law, and other changes to state regulations.
[[Page 66610]]
II. Have the requirements for approval of a SIP revision been met?
The State's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from February 23,
2022 to March 29, 2022, and held a public hearing on March 30, 2022 and
received no comments. In addition, as explained above and in more
detail in the TSD which is part of this docket, the revision meets the
substantive SIP requirements of the CAA, including CAA section 110 and
implementing regulations.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened June 3,
2024, the date of its publication in the Federal Register, and closed
on July 3, 2024 (89 FR 47504). During this period, EPA received one
comment. The comment did not identify a specific issue that was germane
to our proposed rule. The comment can be found in the docket for this
action.
IV. What action is the EPA taking?
We are amending the Nebraska SIP and Operating Permit Program by
approving the State's request to revise Title 129--Nebraska Air Quality
Regulations and certain definitions in Nebraska Revised Statute 81-
1502.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Nebraska rules:
<bullet> Chapter 1--General Provisions; Definitions, which provides
general provisions and definitions for air quality regulations;
<bullet> Chapter 2--Nebraska Air Quality Standards, which lists the
ambient air quality standards;
<bullet> Chapter 3--Construction Permits, which regulates air
construction permitting in Nebraska;
<bullet> Chapter 4--Prevention Of Significant Deterioration of Air
Quality (PSD) which regulates PSD permitting in Nebraska;
<bullet> Chapter 6--Operating Permits which regulates air operating
permitting in Nebraska;
<bullet> Chapter 7--General Permits which regulates air general
permitting in Nebraska;
<bullet> Chapter 8--Permits-By-Rule which regulates air permit-by-
rule permitting in Nebraska;
<bullet> Chapter 9--Permit Revisions; Reopening For Cause which
regulates air permit revisions in Nebraska;
<bullet> Chapter 10--Permits--Public Participation which regulates
public notice requirements for air permitting in Nebraska;
<bullet> Chapter 11--Emissions Reporting, When Required which
regulates air emissions inventory in Nebraska;
<bullet> Chapter 14--Incinerators, Emission Standards which
regulates emissions from incinerators in Nebraska;
<bullet> Chapter 15--Compliance which regulates compliance with air
regulations in Nebraska;
<bullet> Chapter 16--Sulfur Compound and Nitrogen Oxides Emissions
Standards which regulates emissions of sulfur dioxide and nitrogen
oxides in Nebraska;
<bullet> Appendix I--Hazardous Air Pollutants Sorted by CAS Number
which lists the hazardous air pollutants;
<bullet> Appendix II--Air Pollution Emergency Episodes which
explains Nebraska's emergency episode procedures; and
<bullet> Nebraska Revised Statute 81-1502--Terms, Defined which
contains definitions for Nebraska's air quality regulations.
The state effective date of these rules is September 28, 2022. The
state effective date of Nebraska Revised Statute 81-1502 is March 21,
2019. The EPA has made, and will continue to make, these materials
generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
Also, in this document, as described in the amendments to 40 CFR
part 52 set forth below, EPA is removing provisions of the EPA-Approved
Nebraska Regulations and Statutes from the Nebraska State
Implementation Plan, which is incorporated by reference in accordance
with the requirements of 1 CFR part 51.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws,
[[Page 66611]]
regulations, and policies.'' EPA further defines the term fair
treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
The Department of Environment and Energy did not evaluate
environmental justice considerations as part of its SIP submittal; the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did
not consider EJ in this action. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 15, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements (see section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: August 5, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart CC--Nebraska
0
2. In Sec. 52.1420, in the table in paragraph (c):
0
a. Revise the center heading ``Department of Environmental Quality'' to
read ``Department of Environment and Energy''.
0
b. Revise the entries ``129-1'', ``129-2'', ``129-3'', and ``129-4'';
0
c. Remove the entry ``129-5'';
0
d. Revise the entries ``129-6'', ``129-7'', ``129-8'', ``129-9'',
``129-10'', and ``129-11'';
0
e. Remove the entries ``129-12'' and ``129-13'';
0
f. Revise the entries ``129-14'', ``129-15'', and ``129-16'';
0
g. Remove the entries ``129-17'', ``129-19'', ``129-20'', ``129-21'',
``129-22'', ``129-24'', ``129-25'', ``129-30'', ``129-32'', ``129-33'',
``129-34'', ``129-35'', ``129-36'', ``129-37'', ``129-38'', ``129-41'',
``129-42'', ``129-43'', and ``129-44'';
0
h. Revise the entries ``Appendix I'' and ``Appendix II''; and
i. Add the center heading ``Nebraska Revised Statute 81-1502 Terms
Defined'' and the entry ``1502'' after the entry ``115-3''.
The revisions and additions 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 Environment and Energy
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1......................... General Provisions; 9/28/2022 8/16/2024, [insert
Definitions. Federal Register
citation].
129-2......................... Nebraska Air Quality 9/28/2022 8/16/2024, [insert Section 002 total
Standards. Federal Register reduced sulfur (TRS)
citation]. is not approved into
the SIP.
129-3......................... Construction Permits. 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-4......................... Prevention of 9/28/2022 8/16/2024, [insert
Significant Federal Register
Deterioration (PSD). citation].
129-6......................... Operating Permits.... 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-7......................... General Permits...... 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-8......................... Permits-By-Rule...... 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-9......................... Permit Revisions; 9/28/2022 8/16/2024, [insert
Reopening For Cause. Federal Register
citation].
129-10........................ Permits--Public 9/28/2022 8/16/2024, [insert
Participation. Federal Register
citation].
129-11........................ Emissions Reporting, 9/28/2022 8/16/2024, [insert
When Required. Federal Register
citation].
[[Page 66612]]
129-14........................ Incinerators, 9/28/2022 8/16/2024, [insert
Emission Standards. Federal Register
citation].
129-15........................ Compliance........... 9/28/2022 8/16/2024, [insert
Federal Register
citation].
129-16........................ Sulfur Compound and 9/28/2022 8/16/2024, [insert
Nitrogen Dioxides Federal Register
Emissions Standards. citation].
Appendix I.................... Hazardous Air 9/28/2022 8/16/2024, [insert
Pollutants Sorted by Federal Register
CAS Number. citation].
Appendix II................... Air Pollution 9/28/2022 8/16/2024, [insert
Emergency Episodes. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Nebraska Revised Statute 81-1502 Terms Defined
----------------------------------------------------------------------------------------------------------------
1502.......................... Terms Defined........ 3/21/2019 8/16/2024, [insert The following
Federal Register paragraphs of
citation]. Nebraska Revised
Statute 81-1502 are
approved into the
SIP: (2) Air
pollution; (3)
Chairperson; and
(10) Person.
* * * * * * *
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (r) under
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department''
to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Nebraska; City of Omaha; Lincoln-Lancaster County Health Department
* * * * *
(r) The Nebraska Department of Environment and Energy submitted
for program approval revisions to the Nebraska Administrative Code,
title 129, chapters 1, 6, 7, 9, 10, 11, and appendix I on December
2, 2022. Title 129 Chapter 8 ``Operating Permit Content'' has been
renumbered and renamed Chapter 6 ``Operating Permits'' and Chapter 8
is no longer part 70 approved. Appendix III has been repealed and is
no longer part 70 approved. The state effective date is September
28, 2022. This revision is effective September 16, 2024.
* * * * *
[FR Doc. 2024-17672 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P
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