45108 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2014–0468; FRL–9914–52– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Nebraska; Fine Particulate Matter New 

Source Review Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) for the State 

of Nebraska. This action will amend the 

SIP to include revisions to Nebraska’s 

Air Quality Regulations ‘‘Definitions’’, 

‘‘Construction Permits—When 

Required’’, and ‘‘Prevention of 

Significant Deterioration of Air Quality’’ 

to make the state regulations consistent 

with the Federal regulations for the fine 

Particulate Matter (PM2.5) Prevention of 

Significant Deterioration (PSD) program. 

This revision will amend the state 

minor source construction permitting 

program including the addition of a 

minor source permitting threshold for 

PM2.5. These revisions are necessary to 

properly manage the increment 

requirements (maximum allowable 

deterioration to the air quality) of the 

PSD program and assure continued 

attainment with the PM2.5 National 

Ambient Air Quality Standards 

(NAAQS). This action also recognizes 

the state’s request to not include, into 

the SIP, provisions relating to 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentrations 

(SMCs). These provisions were vacated 

and remanded by the U.S. Court of 

Appeals for the District of Columbia on 

January 22, 2013. 

DATES: This direct final rule will be 

effective October 3, 2014, without 

further notice, unless EPA receives 

adverse comment by September 3, 2014. 

If EPA receives adverse comment, we 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2014–0468, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: crable.gregory@epa.gov. 

3. Mail or Hand Delivery: Greg Crable, 

Environmental Protection Agency, Air 

Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2014– 

0468. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 excluding 

legal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

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,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is approving revisions into the 

SIP to include amendments to Title 129 

of the Nebraska Air Quality Regulations 

as they apply to Prevention of 

Significant Deterioration (PSD) of air 

quality. We are approving rule revisions 

to Chapter 1, ‘‘Definitions’’; Chapter 17, 

‘‘Construction Permits—When 

Required’’; and Chapter 19, ‘‘Prevention 

of Significant Deterioration of Air 

Quality’’. The revisions make the state 

regulations consistent with Federal 

regulations for the PM2.5 PSD program. 

This revision will amend the state 

minor source construction permitting 

program including the addition of a 

minor source permitting threshold for 

PM2.5. A level consistent with the 

significance thresholds for PSD was 

added to be consistent with Federal 

regulations. These revisions are 

necessary to properly manage the 

increment requirements (maximum 

allowable deterioration to the air 

quality) of the PSD program and assure 

continued attainment with the PM2.5

NAAQS. The rules are amended to 

correspond with the Federal regulation 

for implementation of the PM2.5 PSD 

program as identified in 40 CFR 52.21. 

The following definitions are revised 

to match the Federal regulation: 

Baseline area; major source baseline 

date; minor source baseline date; 

regulated NSR pollutant; regulated 

pollutant for fee purposes; significant; 

and significant emissions unit. 

Revisions provide clarification that 

only pollutants specifically listed in 

state statute require a construction 

permit application fee and adds 

emission levels for PM2.5 to the table of 

significant levels that, if exceeded, 

would preclude the issuance of a 

construction permit. Also, revisions 

included the incorporation of Federal 

regulations by reference, the 

requirements for sources that impact 

Federal Class I areas; added PM2.5 to the 

definition of ‘‘significant’’ for PSD 

purposes; added PM2.5 to the list of 

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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45109 

allowable ambient air increments for 

PSD purposes and PM2.5 parameters to 

the list of exceptions from an air quality 

analysis for PSD purposes; and finally, 

added a definition of significant impact 

levels for PM2.5. 

This action is also consistent with the 

state’s request to not include the SIP 

provisions relating the Significant 

Impact Levels (SILs) and Significant 

Monitoring Concentrations (SMCs). On 

January 22, 2013, the U.S. Court of 

Appeals for the District of Columbia 

vacated and remanded the provisions at 

40 CFR 51.166(k)(2) and 52.21(k)(2) 

concerning implementation of the PM2.5

SILs and vacated the provisions at 40 

CFR 51.166(i)(5)(i)(c) and 

52.21(i)(5)(i)(c) (adding the PM2.5 SMCs) 

that were promulgated as part of the 

October 20, 2010, PSD rule for PM2.5

PSD—Increments, SILs and SMCs, 75 

FR 64864. 

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, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

EPA is approving the state’s request to 

revise the SIP to include amendments to 

the Nebraska air quality rules as they 

apply to the PSD of air quality. The rule 

is amended to correspond with the final 

Federal regulation necessary for the 

PM2.5 implementation of the PSD 

program. Per the state’s June 27, 2013, 

request, EPA is not including provisions 

of the 2010 PM2.5 PSD—Increments, 

SILs and SMCs rule (75 FR 64865, 

October 20, 2010) relating to SILs and 

SMCs that were affected by the January 

22, 2013, U.S. Court of Appeals decision 

into SIP. 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. EPA does not 

anticipate adverse comment because the 

revisions to the existing rules are 

routine and consistent with the Federal 

regulations, thereby, strengthening the 

SIP. However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule. If 

adverse comments are received on this 

direct final rule we will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. Should EPA receive adverse 

comment on part of this rule and if that 

part can be severed from the remainder 

of the rule, EPA may adopt as final 

those parts of the rule that are not the 

subject of an adverse comment. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). This action 

is also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Thus Executive Order 

13132 does not apply to this action. 

This action merely approves a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rule also is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997) because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA when it reviews a state submission, 

to use VCS in place of a state 

submission that otherwise satisfies the 

provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Burden is defined 

at 5 CFR 1320.3(b). 

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 rule 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 3, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the final 

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45110 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

rulemaking. 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, Air quality, 

Prevention of significant deterioration, 

Incorporation by reference, Particulate 

matter, Reporting and recordkeeping 

requirements. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: July 21, 2014. 

Mike Brincks, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency is amending 40 CFR parts 52 

and 70 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart CC—Nebraska 

■ 2. In § 52.1420 the table in paragraph 

(c) is amended by revising the entries 

for 129–1, 129–17, and 129–19 to read 

as follows: 

§ 52.1420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEBRASKA REGULATIONS

Nebraska 

citation Title State effective date EPA approval date Explanation 

STATE OF NEBRASKA 

Department of Environmental Quality 

Title 129—Nebraska Air Quality Regulations 

129–1 ...... Definitions ....................................................................... 4/1/2012 8/4/2014 [Insert Federal 

Register citation].

*******

129–17 .... Construction Permits—When Required ......................... 4/1/2012 8/4/2014 [Insert Federal 

Register citation].

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 .... 4/1/2012 8/4/2014 [Insert Federal 

Register citation].

Provisions of the 2010 

PM2.5 PSD—Increments, 

SILs and SMCs rule (75 

FR 64865, October 20, 

2010) relating to SILs 

and SMCs that were affected by the January 

22, 2013 U.S. Court of 

Appeals decision are not 

SIP approved. 

* * * * * * * 

* * * * * 

PART 70—STATE OPERATING 

PERMITS PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Appendix A to Part 70 is amended 

by adding, in alphabetical order, new 

paragraph (l) under the heading 

‘‘Nebraska; City of Omaha; LincolnLancaster 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 

* * * * * 

(l) The Nebraska Department of 

Environmental Quality approved a revision 

to NDEQ Title 129, Chapter 1 on December 

1, 2011, which became effective April 1, 

2012. This revision was submitted on 

February 13, 2013. We are approving this 

program revision effective October 3, 2014. 

* * * * * 

[FR Doc. 2014–18257 Filed 8–1–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 37 

[Docket No. CDC–2014–0011; NIOSH–276] 

RIN 0920–AA57 

Specifications for Medical 

Examinations of Coal Miners 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Interim final rule. 

SUMMARY: With this action, the 

Department of Health and Human 

Services (HHS), in accordance with a 

final rule recently published by the 

Department of Labor’s Mine Safety and 

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