15852 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 

1 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

2 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

4 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule; Final Rule.’’ 

75 FR 31514 (June 3, 2010). 

5 ‘‘Action to Ensure Authority to Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Finding of Substantial Inadequacy and SIP Call; 

Final Rule.’’ 75 FR 77698 (December 13, 2010). 

Dated: March 15, 2011. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2011–6625 Filed 3–21–11; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–0945; FRL–9281–6] 

Approval and Promulgation of 

Implementation Plans; Nebraska: 

Prevention of Significant Deterioration; 

Greenhouse Gas Permitting Authority 

and Tailoring Rule Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve revisions to the State 

Implementation Plan (SIP) for Nebraska, 

submitted by the Nebraska Department 

of Environmental Quality (NDEQ) to 

EPA for final processing on January 14, 

2011. These revisions cover two broad 

categories under Nebraska’s prevention 

of significant deterioration (PSD) 

preconstruction permitting program. 

The first applies to revisions relating to 

permitting of greenhouse gas (GHG) 

emissions under the PSD program. The 

second applies to revisions 

incorporating relevant aspects of EPA’s 

2002 new source review (NSR) reform 

rules, submitted by letter dated 

November 19, 2010. 

The GHG SIP revision, which 

incorporates updates to NDEQ’s air 

quality regulations, includes two 

significant changes impacting the 

regulation of GHGs under Nebraska’s 

PSD program. First, the SIP revision 

provides the State of Nebraska with 

authority to issue PSD permits 

governing GHGs. Second, the SIP 

revision establishes emission thresholds 

for determining which new stationary 

sources and modification projects 

become subject to Nebraska’s PSD 

permitting requirements for their GHG 

emissions. The first provision is 

required under the GHG PSD SIP call, 

which EPA published on December 13, 

2010, and which required the State of 

Nebraska to apply its PSD program to 

GHG-emitting sources. The second 

provision is consistent with the 

thresholds EPA established in the 

Tailoring Rule, published on June 3, 

2010. EPA is approving this SIP revision 

because this SIP revision meets the 

requirements of the GHG PSD SIP Call. 

In addition, in today’s action, EPA is 

also taking final action to approve 

Nebraska’s adoption of portions of 

EPA’s 2002 NSR Reform rules, 

published December 31, 2002. EPA has 

determined that Nebraska’s revisions 

track the Federal NSR Reform Rules. 

EPA previously determined that the 

implementation of the Federal NSR 

Reform Rules will be environmentally 

beneficial. 

DATES: This rule will be effective March 

22, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R07–OAR– 

2010–0945. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Planning and Development 

Branch, Air and Waste Management 

Division, U.S. Environmental Protection 

Agency, Region 7, 901 North 5th Street, 

Kansas City, KS 66101. EPA requests 

that if at all possible, you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section for further 

information. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 to 4:30, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Nebraska SIP, 

contact Mr. Larry Gonzalez, Air 

Planning and Development Branch, Air 

and Waste Management Division, U.S. 

Environmental Protection Agency, 

Region 7, 901 North 5th Street, Kansas 

City, Kansas 66101. Mr. Gonzalez’s 

telephone number is (913) 551–7041; email address: gonzalez.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for today’s final 

action? 

II. Analysis of Nebraska’s SIP Revision 

III. What is EPA’s response to comments 

received on the proposed action? 

IV. What is the effect of today’s final action? 

V. When is today’s action effective? 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. What is the background for today’s 

final action? 

EPA has recently undertaken a series 

of actions pertaining to the regulation of 

GHGs that, although for the most part 

distinct from one another, establish the 

overall framework for today’s final 

action for the Nebraska SIP. The first 

four of these actions include, as they are 

commonly called, the ‘‘Endangerment 

Finding’’ and ‘‘Cause or Contribute 

Finding,’’ which EPA issued in a single 

final action,1 the ‘‘Johnson Memo 

Reconsideration,’’ 2 the ‘‘Light-Duty 

Vehicle Rule,’’ 3 and the ‘‘Tailoring 

Rule.’’ 4 Taken together, these actions 

established regulatory requirements for 

GHGs emitted from new motor vehicles 

and new motor vehicle engines; 

determined that such regulations, when 

they took effect on January 2, 2011, 

subject GHGs emitted from stationary 

sources to PSD requirements; and 

limited the applicability of PSD 

requirements to GHG sources on a 

phased-in basis. 

In a separate action, the ‘‘GHG PSD 

SIP Call,’’ 5 EPA called on the State of 

Nebraska and 12 other States with SIPs 

that do not provide authority to issue 

PSD permits governing GHGs to revise 

their SIPs to provide such authority. In 

that action, EPA took steps to ensure 

that in the 13 States that do not have 

authority to issue PSD permits to GHGemitting sources at present, either the 

State or EPA would have the authority 

to issue such permits by January 2, 

2011, or soon thereafter. EPA explained 

that although for most States, either the 

State or EPA is already authorized to 

issue PSD permits for GHG-emitting 

sources as of that date, Nebraska and the 

other 12 States have EPA-approved PSD 

programs that do not include GHGemitting sources and therefore do not 

authorize these States to issue PSD 

permits to such sources. Accordingly, 

EPA issued the GHG PSD SIP Call to 

require a SIP revision that applies 

Nebraska’s SIP PSD programs to GHGemitting sources. EPA also established a 

SIP submittal deadline. In the proposed 

SIP call, EPA had stated that the 

deadline could range from as little as 

three weeks after the final SIP call was 

signed to as long as 12 months after the 


Emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 15853 

6 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

7EPA also explained that Nebraska did not adopt 

the portions of EPA’s NSR reform rule which were 

vacated or remanded by the Court in New York v. 

United States, 413 F.3d3 (DC Cir. 2005). 75 FR 

81186. 

8EPA notes that in a subsequent letter dated 

February 1, 2011, NDEQ withdrew Chapter 17 

(Construction Permits—When Required), sections 

001.02T and 013.04T from the November 19, 2010 

submittal. Those revisions, relating to construction 

permitting of minor (non-PSD) sources, define the 

term ‘‘chemical processing plant’’ as excluding 

ethanol production facilities. EPA is not acting on 

those provisions in this action. 

final SIP call was signed, and that each 

affected State was authorized to indicate 

to EPA a deadline to which it did not 

object. In the final SIP call, EPA 

established deadlines that ranged, for 

the various States, from December 22, 

2010 (three weeks after signature), to 

December 1, 2011 (12 months after 

signature), based, in general, on each 

State’s preference. Nebraska was one of 

the States for which EPA proposed and 

finalized the SIP Call. The State’s 

comments regarding the proposed SIP 

call, submitted September 30, 2010, are 

included in the docket for this 

rulemaking. In the SIP call, EPA 

established a SIP submittal deadline for 

Nebraska of March 1, 2011, in 

accordance with Nebraska’s preferences 

in that letter. As stated previously, 

Nebraska met this deadline by 

submitting a final rule addressing the 

SIP deficiency by letter dated January 

14, 2011. 

In addition, in the SIP call 

rulemaking, EPA stated certain 

requirements that the corrective SIP 

revision must meet, which are that the 

corrective SIP revision must— 

(i) Apply the SIP PSD program to 

GHG-emitting sources; 

(ii) Define GHGs as the same pollutant 

to which the Light-Duty Vehicle Rule 6

(LDVR) applies, that is, a single 

pollutant that is the aggregate of the 

group of six gases (carbon dioxide (CO2), 

methane (CH4), nitrous oxide (N2O), 

hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and sulfur 

hexafluoride (SF6)); and 

(iii) Either limit PSD applicability to 

GHG-emitting sources by adopting the 

applicability thresholds included in the 

Tailoring Rule or adopt lower 

thresholds and show that the State has 

adequate personnel and funding to 

administer and implement those lower 

thresholds. 

In addition, if the corrective SIP 

revision adopts the Tailoring Rule 

thresholds, then it must either adopt the 

CO2e metric and use short tons (as 

opposed to metric tons) for calculating 

GHG emissions in order to implement 

those thresholds, or assure that its 

approach is at least as stringent as under 

the Tailoring Rule, so that the State does 

not exclude more sources than under 

the Tailoring Rule. 75 FR 77713 to 

77715. 

On October 19, 2010, in response to 

the Tailoring Rule and earlier GHGrelated EPA rules, and in anticipation of 

the GHG PSD SIP Call rulemaking, 

NDEQ submitted a draft revision of its 

air quality regulations to EPA for 

approval into the Nebraska SIP to: (1) 

Provide the State of Nebraska with the 

authority to regulate GHGs under its 

PSD program; and (2) establish 

appropriate emission thresholds and 

time-frames for determining which new 

or modified stationary sources become 

subject to Nebraska’s PSD permitting 

requirements for GHG emissions. 

Subsequently, on December 27, 2010, 

EPA published a proposed rulemaking 

to approve NDEQ’s October 19, 2010, 

SIP revision under parallel processing 

(see 75 FR 81179). 

EPA’s December 27, 2010, proposed 

approval was contingent upon the State 

of Nebraska providing a final SIP 

revision that was substantially the same 

as the draft revision proposed for 

approval. On January 14, 2011, 

Nebraska submitted its final SIP 

revision. This SIP revision is the same 

as the proposed revision NDEQ 

submitted on October 19, 2010, for 

parallel processing. EPA is approving 

the final SIP revision in today’s action. 

In the December 27, 2010, proposed 

rulemaking, EPA also proposed to 

approve updates to Nebraska’s SIP that 

reflected Nebraska’s adoption of 

portions of EPA’s 2002 NSR Reform 

Rules. In today’s action EPA is also 

approving these NSR Reform updates. 

II. Analysis of Nebraska’s SIP Revision 

Section 110(k)(3) of the CAA provides 

that EPA shall approve a SIP revision as 

a whole if it meets all of the applicable 

requirements of the CAA. Nebraska 

received a SIP call because its PSD 

program does not apply to GHGs, and as 

a result, Nebraska is required to submit 

a SIP revision that applies PSD to GHGs 

and does so either at the Tailoring Rule 

thresholds or at lower thresholds, and, 

if the latter, then Nebraska is required 

to demonstrate that it has adequate 

resources for implementation. 

Nebraska has submitted a SIP revision 

that provides this authority. Nebraska’s 

SIP revision updates the definition in its 

regulations of ‘‘regulated NSR pollutant’’ 

to explicitly include GHGs as a 

regulated NSR pollutant. In addition, 

the Nebraska rules incorporate the same 

thresholds and phase-in schedule as the 

Tailoring Rule and they adopt the 

carbon dioxide equivalent (CO2e) metric 

and use of short tons for determining 

the thresholds. 

EPA has determined that Nebraska’s 

GHG revisions meet the requirements of 

the SIP call and are consistent with the 

CAA and its implementing regulations 

regarding GHG. 

In addition, EPA is also approving the 

portion of Nebraska’s SIP revisions 

which address portions of EPA’s 2002 

NSR Reform rules. As EPA explained in 

the proposed rulemaking, Nebraska had 

previously made changes to its existing 

State regulations to adopt portions of 

the NSR Reform rules. 75 FR 81185.7

Although these revisions were effective 

at the State level, NDEQ had not 

previously submitted these changes to 

EPA for approval into the Nebraska SIP. 

Thus, on November 19, 2010, NDEQ 

submitted these revisions to the 

Nebraska Administrative Code relating 

to NSR Reform to EPA for approval. 

These revisions included changes to the 

following Chapters of Title 129 of the 

Nebraska Administrative Code: Chapter 

1 (Definitions), Chapter 2 (Definition of 

Major Source), Chapter 14 (Permits: 

Public Participation), Chapter 15 

(Permit Revisions; Reopening for Cause), 

Chapter 17 (Construction Permits— 

When Required),8 and Chapter 19 

(Prevention of Significant Deterioration 

of Air Quality). 

Nebraska’s proposed SIP revision 

addressing NSR reform tracks the 

Federal NSR Reform Rules, and as 

stated previously, EPA has determined 

that the implementation of the Federal 

NSR Reform Rules will be 

environmentally beneficial. See 68 FR 

44620 and 63021. EPA explained its 

analysis of the Nebraska revisions in 

detail in the proposal, at 75 FR 81186, 

and incorporates that explanation by 

reference in this final action. 

Accordingly, EPA determines that these 

changes are consistent with the 

requirements of section 110(l). 

III. What is EPA’s response to 

comments received on the proposed 

action? 

EPA received a single comment letter 

in response to the December 27, 2010, 

proposed rulemaking to approve 

revisions to Nebraska’s SIP. These 

comments, provided by the Sierra Club, 

were supportive of Nebraska’s proposed 

revisions and EPA’s actions with respect 

to GHGs and the PSD and Title V GHG 

Tailoring Rule (75 FR 31514). The 

comments are provided in the docket for 

today’s final action. EPA did not receive 

any comments on its proposal to 

approve the NSR reform revisions. 


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15854 Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 

9See note 9. 

IV. What is the effect of today’s final 

action? 

Final approval of Nebraska’s January 

14, 2011, SIP revision will make 

Nebraska’s SIP adequate with respect to 

PSD requirements for GHG-emitting 

sources. Today’s approval will 

incorporate into the SIP the GHG 

emission thresholds for PSD 

applicability that were set forth in EPA’s 

Tailoring Rule, ensuring that smaller 

GHG sources emitting below these 

thresholds will continue to not be 

subject to permitting requirements. 

Today’s approval will also incorporate 

portions of EPA’s 2002 NSR Reform 

Rules, as adopted by Nebraska, into the 

SIP. Pursuant to section 110 of the CAA, 

EPA is approving the changes made in 

Nebraska’s January 14, 2011, proposed 

SIP revision into the State’s SIP. 

However, as we noted in the proposed 

approval of Nebraska’s submittal, 75 FR 

81183, this action only addresses the 

State’s revisions as they relate to the 

PSD program, including regulation of 

GHGs under the State’s PSD program. 

We intend to act separately on the 

State’s revisions to its Title V program, 

as well as Nebraska’s separate submittal 

of changes to the applicability of the 

PSD program to contain ethanol 

production facilities (the ‘‘Ethanol 

Rule’’).9

The GHG revisions to Nebraska’s SIPapproved PSD program that EPA is 

approving today have been reviewed 

and determined to be consistent with 

the Tailoring Rule. EPA has also 

determined that the GHG revisions are 

adequate to correct the deficiencies 

which EPA found for Nebraska in the 

GHG SIP call. Finally, EPA has also 

determined that the Nebraska SIP 

revisions relating to NSR Reform are, in 

substantive content, the same as EPA’s 

December 2002 NSR reform rule, as it 

relates to PALs, the ‘‘actual to projected 

actual’’ test, and the calculation of 

baseline actual emissions. Thus, EPA 

has determined that the January 

revisions to Nebraska’s SIP are 

consistent with section 110 of the CAA. 

V. When is today’s action effective? 

The effective date of today’s final 

action is the date that this rule is 

published in the Federal Register. In 

accordance with 5 U.S.C. 553(d), a rule 

cannot be made effective less than 30 

days from the date of publication unless 

it qualifies for an exception under that 

provision. Under 5 U.S.C. 553(d)(1), one 

such exception is ‘‘a substantive rule 

which grants or recognizes an 

exemption or relieves a restriction.’’ 

Today’s final action relieves a 

restriction because it allows Nebraska to 

issue permits, under the Federally 

approved SIP, to sources which are 

already required to have PSD permits 

covering GHGs, but which previously 

did not have a permit issuing authority 

available from which to seek such a 

permit. In addition, 5 U.S.C. 553(d)(3) 

allows an effective date less than 30 

days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 

Because, as stated above, this rule 

allows Nebraska to issue PSD permits 

under the approved SIP for sources of 

GHGs already required to seek such 

permits, it avoids disruption in the 

State’s permitting process which might 

otherwise occur. Additionally, the 

State’s permitting process would 

potentially be disrupted if the NSR 

Reform provisions do not have the same 

effective date as the other provisions 

being approved today. Therefore, EPA 

finds good cause under 5 U.S.C. 

553(d)(3) for this action to become 

effective immediately upon publication. 

For these reasons, the effective date of 

this rule is the date of publication. 

VI. Final Action 

EPA is taking final action to approve 

the State of Nebraska’s SIP revisions, 

which adopt changes to Title 129 the 

Nebraska Administrative Code. The SIP 

revisions: (1) Provide the State with the 

authority to regulate GHGs under its 

PSD program, and (2) establish 

appropriate emissions thresholds, and 

timing, for determining PSD 

applicability with respect to new or 

modified GHG-emitting stationary 

sources in accordance with EPA’s 

Tailoring Rule. The SIP revisions also 

adopt portions of EPA’s 2002 NSR 

Reform rule as identified above. EPA 

has made the determination that the SIP 

revisions are approvable because they 

are in accordance with the CAA and 

EPA regulations, including regulations 

pertaining to PSD permitting. 

VII. 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 those 

reasons, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended 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 


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Federal Register / Vol. 76, No. 55 / Tuesday, March 22, 2011 / Rules and Regulations 15855 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 23, 2011. 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, NSR Reform, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: March 7, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42. U.S.C. 7401 et seq. 

Subpart CC—Nebraska 

■ 2. Section 52.1420(c) under ‘‘Title 

129—Nebraska Air Quality Regulations’’ 

is amended as follows: 

■ a. Revise the entries for 129–1, 129– 

14, 129–15, 129–17, and 129–19. 

■ b. Add a new entry for 129–2. 

The revisions and additions read as 

follows: 

§ 52.1420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEBRASKA REGULATIONS

Nebraska citation Title State effective 

date EPA approval date Explanation 

*******

Title 129—Nebraska Air Quality Regulations 

129–1 ................ Definitions ..................................... 01/09/2011 03/22/2011 [Insert citation of publication].

129–2 ................ Definition of Major Source ............ 03/14/2006 03/22/2011 [Insert citation of publication].

* * * * * * * 

129–14 .............. Permits: Public Participation ......... 02/06/2008 03/22/2011 [Insert citation of publication].

129–15 .............. Permit Revisions; Reopening for 

Cause.

02/06/2008 03/22/2011 [Insert citation of publication].

* * * * * * * 

129–17 .............. Construction Permits—When Required.02/06/2008 03/22/2011 [Insert citation of publication].Approval does not include Nebraska’s revisions to sections 

001.02T and 013.04T pertaining 

to ethanol production facilities, 

which were not submitted by 

the State. 

129–19 .............. Prevention of Significant Deterioration of Air Quality.02/06/2008 03/22/2011 [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2011–6419 Filed 3–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2005–0161; FRL–9284–2] 

40 CFR Part 80 

Denial of Petitions for Reconsideration 

of Regulation of Fuels and Fuel 

Additives: Changes to Renewable Fuel 

Standard Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of denial of petitions for 

reconsideration. 

SUMMARY: On May 24, 2010, the Clean 

Air Task Force (CATF), the National 

Wildlife Federation, the World Wildlife 

Fund and the Friends of the Earth 

petitioned the Administrator to 

reconsider an EPA rule, published on 

March 26, 2010 (75 FR 14670), which 

amended the Renewable Fuel Standard 

Program pursuant to Clean Air Act 

section 211(o). The petitioners alleged 

that EPA failed to properly require 

producers of renewable fuels to verify 

domestic crops and crop residues used 

to produce the renewable fuels 

complied with the applicable land use 

restrictions. Additionally, the CATF 

alleged that EPA did not properly 

account for the ‘‘global rebound effect’’ 

in the final analysis of the lifecycle 

greenhouse gas (GHG) emission impacts 

of renewable fuel production and use. 

On February 17, 2011, the 

Administrator denied the petitions for 

reconsideration and the accompanying 

requests for stays in implementing the 

regulations. This Notice announces the 

availability of EPA’s decision. 

DATES: EPA’s denials of the petitions to 

reconsider were issued by letters dated 

February 17, 2011. 

FOR FURTHER INFORMATION CONTACT: Paul 

Argyropoulos in the EPA’s Office of 


Emcdonald on DSK2BSOYB1PROD with RULES