Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
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                    for more details.
 Environmental Protection Agency 40 CFR Part 52
[FRL-8933-4]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Final rule; notice of administrative change.
 SUMMARY: EPA is updating the materials submitted by Nebraska that are incorporated by reference (IBR) into the State implementation plan (SIP). The regulations affected by this update have been previously submitted by the state agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.
 DATES: *Effective Date:*
                         This action is effective July 30, 2009.
 ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, Region 7, 901 North 5th Street, Kansas City, Kansas 66101; or at 
                        *http://www.epa.gov/​region07/​programs/​artd/​air/​rules/​fedapprv.htm;*
                         the Air and Radiation Docket and Information Center, EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: 
                        *http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.*
 FOR FURTHER INFORMATION CONTACT: Evelyn VanGoethem at (913) 551-7659, or by e-mail at 
                        *vangoethem.evelyn@epa.gov.*


SUPPLEMENTARY INFORMATION: The SIP is a living document which the state revises as necessary to address the unique air pollution problems in the state. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations to make them part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference Federally-approved SIPs, as a result of consultations between EPA and the Office of Federal Register. The description of the revised SIP document, IBR procedures and “Identification of plan” format are discussed in further detail in the May 22, 1997, 
                    **Federal Register**
                     document. On February 12, 1999, EPA published a document in the 
                    **Federal Register**
                     (64 FR 7091) beginning the new IBR procedure for Nebraska. On December 1, 2003 (68 FR 67045), EPA published an update to the IBR material for Nebraska. In this document, EPA is doing the following: 1. Announcing the update to the IBR material as of July 1, 2009. 2. Correcting the date format in the “State effective date” or “State Submittal date” and “EPA approval date” columns in § 52.1420 paragraphs (c), (d) and (e). Dates are numerical month/day/year without additional zeros. 3. Modifying the 
                    **Federal Register**
                     citation in § 52.1420 paragraphs (c), (d) 
                    ( print page 37940)
                    and (e) to reflect the beginning page of the preamble as opposed to the page number of the regulatory text. EPA has determined that today's rule falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification only reflects existing law. Immediate notice in the CFR benefits the public by providing notice of the updated Nebraska SIP compilation. 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 Clean Air Act. 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 underExecutive 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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, underExecutive 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 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). EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. This action is simply an announcement of prior rulemakings that have previously undergone notice and comment. Prior EPA rulemaking actions for each individual component of the Nebraska SIP compilation previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. 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: July 8, 2009. William Rice, Acting Regional Administrator, Region 7.
 40 CFR part 52 is amended as follows: PART 52—[AMENDED]
 1.The authority for citation for part 52 continues to read as follows: Authority:
                        42 U.S.C. 7401 
                            *et seq.* Subpart CC—Nebraska
 2.In § 52.1420 paragraphs (b), (c), (d) and (e) are revised to read as follows: § 52.1420
  
 (b) 
                            *Incorporation by reference.*
                             (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 2009, was approved for incorporation by reference by the Director of the 
                            *Federal Register*
                             in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the 
                            **Federal Register.**
                             Entries in paragraphs (c) and (d) of this section with EPA approval dates after July 1, 2009, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 7 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the SIP as of July 1, 2009. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 7, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; at the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). If you wish to obtain material from the EPA Regional Office, please call (913) 551-7659; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation Docket 
                            ( print page 37941)
                            at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: 
                            *http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.* (c) 
                            *EPA-approved regulations.* 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
11/20/02
9/5/03, 68 FR 52691129-2
Definition of Major Source
7/10/02
7/8/03, 68 FR 40528129-3
Region and Subregions
6/26/94
1/4/95, 60 FR 372129-4
Ambient Air Quality Standards
4/1/02
                                     7/10/02
7/8/03, 68 FR 40528129-5
Operating Permit
11/20/02
9/5/03, 68 FR 52691
Section 001.02 is not SIP approved.129-6
Emissions Reporting
11/20/02
9/5/03, 68 FR 52691129-7
Operating Permits—Application
8/22/00
5/29/02, 67 FR 37325129-8
Operating Permit Content
8/22/00
5/29/02, 67 FR 37325129-9
General Operating Permits for Class I and II Sources
6/26/94
1/4/95, 60 FR 372129-10
Operating Permits for Temporary Sources
9/7/97
1/20/00, 65 FR 3130129-11
Operating Permits—Emergency; Defense
6/26/94
1/4/95, 60 FR 372129-12
Operating Permit Renewal and Expiration
5/29/95
2/9/96, 61 FR 4899129-13
Class I Operating Permit—EPA Review; Affected States Review; Class II Permit
6/26/94
1/4/95, 60 FR 372129-14
Permits—Public Participation
6/26/94
1/4/95, 60 FR 372129-15
Operating Permit Modification; Reopening for Cause
6/26/94
1/4/95, 60 FR 372129-16
Stack Heights; Good Engineering Practice (GEP)
12/15/98
5/29/02, 67 FR 37325129-17
Construction Permits—When Required
7/10/02
7/8/03, 68 FR 40528
Refer to January 23, 2002, NDEQ letter to EPA regarding change to 129-17-014. Approved by EPA on May 29, 2002.129-19
Prevention of Significant Deterioration of Air Quality
12/15/98
5/29/02, 67 FR 37325129-20
Particulate Emissions; Limitations and Standards (Exceptions Due to Breakdowns or Scheduled Maintenance: See Chapter 35)
2/7/04
3/31/05, 70 FR 16426129-21
Controls for Transferring, Conveying, Railcar and Truck Loading at Rock Processing Operations in Cass County
7/10/02
7/8/03, 68 FR 40528129-22
Incinerators; Emission Standards
9/7/97
1/20/00, 65 FR 3130129-24
Sulfur Compound Emissions, Existing Sources Emission Standards
6/26/94
1/4/95, 60 FR 372129-25
Nitrogen Oxides (Calculated as Nitrogen Dioxide); Emissions Standards for Existing Stationary Sources
9/7/97
1/20/00, 65 FR 3130129-30
Open Fires, Prohibited; Exceptions
11/20/02
9/5/03, 68 FR 52691129-32
Dust; Duty to Prevent Escape of
6/26/94
1/4/95, 60 FR 372129-33
Compliance; Time Schedule for
6/26/94
1/4/95, 60 FR 372129-34
Emission Sources; Testing; Monitoring
5/7/05
7/10/06, 71 FR 38776129-35
Compliance; Exceptions Due to Startup, Shutdown, or Malfunction
9/7/97
1/20/00, 65 FR 3130129-36
Control Regulations; Circumvention, When Excepted
6/26/94
1/4/95, 60 FR 372129-37
Compliance; Responsibility
6/26/94
1/4/95, 60 FR 372129-38
Emergency Episodes; Occurrence and Control, Contingency Plans
6/26/94
1/4/95, 60 FR 372129-39
Visible Emissions from Diesel-powered Motor Vehicles
6/26/94
1/4/95, 60 FR 372129-40
General Conformity
5/29/95
2/12/96, 61 FR 5297129-41
General Provisions
12/15/98
5/29/02, 67 FR 37325( print page 37942)129-42
Permits-By-Rule
11/20/02
                                     4/8/03 
                                     5/7/05
7/10/06, 71 FR 38776129-43
Consolidated with Chapter 41
5/29/95
2/9/96, 61 FR 4899129-44
Consolidated with Chapter 41
5/29/95
2/9/96, 61 FR 4899Appendix I
Emergency Emission Reductions
6/26/94
1/4/95, 60 FR 372Appendix II
Hazardous Air Pollutants (HAPS)
5/7/05
7/10/06, 71 FR 38776**Title 115—Rules of Practice and Procedure**115-1
Definitions of Terms
8/8/93
1/4/95, 60 FR 372115-2
Filing and Correspondence
8/8/93
1/4/95, 60 FR 372115-3
Public Records Availability
8/8/93
1/4/95, 60 FR 372115-4
Public Records Confidentiality
8/8/93
1/4/95, 60 FR 372115-5
Public Hearings
8/8/93
1/4/95, 60 FR 372115-6
Voluntary Compliance
8/8/93
1/4/95, 60 FR 372115-7
Contested Cases
8/8/93
1/4/95, 60 FR 372115-8
Emergency Proceeding Hearings
8/8/93
1/4/95, 60 FR 372115-9
Declaratory Rulings
8/8/93
1/4/95, 60 FR 372115-10
Rulemaking
8/8/93
1/4/95, 60 FR 372115-11
Variances
8/8/93
1/4/95, 60 FR 372**Lincoln-Lancaster County Air Pollution Control Program****Article 1—Administration and Enforcement**Section 1
Intent
5/16/95
2/14/96, 61 FR 5699Section 2
Unlawful Acts—Permits Required
5/16/95
2/14/96, 61 FR 5699Section 3
Violations—Hearings—Orders
5/16/95
2/14/96, 61 FR 5699Section 4
Appeal Procedure
5/16/95
2/14/96, 61 FR 5699Section 5
Variance
5/16/95
2/14/96, 61 FR 5699Section 7
Compliance—Actions to Enforce—Penalties for Non-Compliance
5/16/95
2/14/96, 61 FR 5699Section 8
Procedure for Abatement
5/16/95
2/14/96, 61 FR 5699Section 9
Severability
5/16/95
2/14/96, 61 FR 5699**Article 2—Regulations and Standards**Section 1
Definitions
8/11/98
1/20/00, 65 FR 3130Section 2
Major Sources—Defined
8/11/98
1/20/00, 65 FR 3130Section 4
Ambient Air Quality Standards
5/16/95
2/14/96, 61 FR 5699Section 5
Operating Permits—When Required
8/11/98
1/20/00, 65 FR 3130Section 6
Emissions Reporting—When Required
8/11/98
1/20/00, 65 FR 3130Section 7
Operating Permit—Application
8/11/98
1/20/00, 65 FR 3130Section 8
Operating Permit—Content
8/11/98
1/20/00, 65 FR 3130Section 9
General Operating Permits for Class I and II Sources
5/16/95
2/14/96, 61 FR 5699Section 10
Operating Permits for Temporary Services
5/16/95
2/14/96, 61 FR 5699Section 11
Emergency Operating Permits—Defense
5/16/95
2/14/96, 61 FR 5699Section 12
Operating Permit Renewal and Expiration
5/16/95
2/14/96, 61 FR 5699Section 14
Permits—Public Participation
5/16/95
2/14/96, 61 FR 5699Section 15
Operating Permit Modifications—Reopening for Cause
8/11/98
1/20/00, 65 FR 3130Section 16
Stack—Heights—Good Engineering Practice (GEP)
5/16/95
2/14/96, 61 FR 5699Section 17
Construction Permits—When Required
8/11/98
1/20/00, 65 FR 3130Section 19
Prevention of Significant Deterioration of Air Quality
5/16/95
2/14/96, 61 FR 5699Section 20
Particulate Emissions—Limitations and Standards
3/31/97
1/20/00, 65 FR 3130Section 22
Incinerator Emissions
5/16/95
2/14/96, 61 FR 5699Section 24
Sulfur Compound Emissions—Existing Sources—Emission Standards
5/16/95
2/14/96, 61 FR 5699Section 25
Nitrogen Oxides (Calculated as Nitrogen Dioxide)—Emissions Standards for Existing Stationary Sources
5/16/95
2/14/96, 61 FR 5699Section 32
Dust—Duty to Prevent Escape of
3/31/97
1/20/00, 65 FR 3130Section 33
Compliance—Time Schedule for
5/16/95
2/14/96, 61 FR 5699Section 34
Emission Sources—Testing—Monitoring
5/16/95
2/14/96, 61 FR 5699( print page 37943)Section 35
Compliance—Exceptions Due to Startup Shutdown or Malfunction
5/16/95
2/14/96, 61 FR 5699Section 36
Control Regulations—Circumvention—When Expected
5/16/95
2/14/96, 61 FR 5699Section 37
Compliance—Responsibility of Owner/Operator Pending Review by Director
5/16/95
2/14/96, 61 FR 5699Section 38
Emergency Episodes—Occurrence and Control—Contingency Plans
5/16/95
2/14/96, 61 FR 5699Appendix I
Emergency Emission Reduction Regulations
5/16/95
2/14/96, 61 FR 5699**City of Omaha****Chapter 41—Air Quality Control****Article I In General**41-2
Adoption of State Regulations with Exceptions
4/1/98
1/20/00, 65 FR 313041-4
Enforcement—Generally
5/29/95
2/14/96, 61 FR 569941-5
Same Health Department
5/29/95
2/14/96, 61 FR 569941-6
Residential Exemptions
5/29/95
2/14/96, 61 FR 569941-9
Penalties
5/29/95
2/14/96, 61 FR 569941-10
Civil Enforcement
5/29/95
2/14/96, 61 FR 5699**Article II—Permitting of Air Contaminant Sources**41-23
Prerequisite to Approval
5/29/95
2/14/96, 61 FR 569941-27
Signature Required; Guarantee
5/29/95
2/14/96, 61 FR 569941-38
Funds
5/29/95
2/14/96, 61 FR 569941-40
Fees—When Delinquent
5/29/95
2/14/96, 61 FR 5699**Article IV—Waste Incinerators Division 1. Generally**41-60
Definitions
5/29/95
2/14/96, 61 FR 569941-61
Violations
5/29/95
2/14/96, 61 FR 5699**Article IV—Waste Incinerators Division 2. Emissions**41-70
New or Modified Facilities
5/29/95
2/14/96, 61 FR 569941-71
Existing Facilities
5/29/95
2/14/96, 61 FR 569941-72
Emission Testing
5/29/95
2/14/96, 61 FR 5699**Article IV—Waste Incinerators Division 3. Design**41-80
New or Modified Waste Incinerators
5/29/95
2/14/96, 61 FR 569941-81
Existing Incinerators
5/29/95
2/14/96, 61 FR 5699
 (d) 
                            *EPA-approved state source-specific permits.* EPA-Approved Nebraska Source-Specific Permits
Name of source
Permit No.
State effective date
EPA approval date
Explanation(1) Gould, Inc
677
11/9/83
1/31/85, 50 FR 4510(2) Asarco, Inc
1520
6/6/96
3/20/97, 62 FR 13329
The EPA did not approve paragraph 19.
 (e) 
                            *EPA-approved nonregulatory provisions and quasi-regulatory measures.*( print page 37944) EPA-Approved Nebraska Nonregulatory Provisions
Name of nonregulatory SIP provision
Applicable geographic or nonattainment area
State submittal date
EPA approval date
Explanation(1) Air Quality Implementation Plan
Statewide
1/28/72
5/31/72, 37 FR 10842(2) Confirmation That the State Does Not Have Air Quality Control Standards Based on Attorney General's Disapproval
Statewide
4/25/72
5/31/72, 37 FR 10842(3) Request for Two-Year Extension to Meet the Primary NOX
                                     Standard
Omaha
1/24/72
7/27/72, 37 FR 15080(4) Clarification of Section 11 of the State's Plan
Statewide
2/16/72
7/27/72, 37 FR 15080(5) Letters Clarifying the Application of the State's Emergency Episode Rule
Omaha
10/2/72
5/14/73, 38 FR 12696(6) Analysis of Ambient Air Quality in Standard Metropolitan Statistical Areas and Recommendations for Air Quality Maintenance Areas
Omaha, Lincoln, Sioux City
5/9/74
6/2/75, 40 FR 23746(7) Amended State Law (LB1029) Giving the Department of Environmental Quality Authority to Require Monitoring of Emissions, Reporting of Emissions and Release of Emissions Data
Statewide
2/10/76
6/23/76, 41 FR 25898(8) Air Monitoring Plan
Statewide
6/19/81
10/6/81, 46 FR 49122(9) TSP Nonattainment Plan
Douglas and Cass Counties
9/25/80
                                     8/9/82
3/28/83, 48 FR 12715(10) Plan for Intergovernmental Consultation and Coordination and for Public Notification
Statewide
8/9/82
7/5/83, 48 FR 30631(11) Lead Plan
Statewide except Omaha
1/9/81
                                     8/5/81 
                                     1/11/83
11/29/83, 48 FR 53697
The plan was approved except that portion pertaining to Omaha.(12) Lead Nonattainment Plan
Omaha
7/24/84
                                     11/17/83 
                                     8/1/84
1/31/85, 50 FR 4510(13) CO Nonattainment Plan
Omaha
4/3/85
9/15/86, 51 FR 32640(14) CO Nonattainment Plan
Lincoln
4/3/85
9/19/86, 51 FR 33264(15) Revised Lead Nonattainment Plan
Omaha
2/2/87
8/3/87, 52 FR 28694(16) Letter Pertaining to NOX
                                     Rules and Analysis Which Certifies the Material Became Effective on February 20, 1991
Statewide
3/8/91
7/2/91, 56 FR 30335
State submittal date is date of the letter.(17) Small Business Assistance Program
Statewide
11/12/92
8/30/93, 58 FR 45452(18) Class II Operating Permit Program Including Letter Committing to Submit Information to RACT/BACT/LAER Clearinghouse, Letter Regarding Availability of State Operating Permits to the EPA and Specified Emissions Limits in Permits, and Letter Regarding the Increase in New Source Review Thresholds
Statewide
2/16/94
1/4/95, 60 FR 372(19) Letter from City of Omaha Regarding Authority to Implement Section 112(l) and Letter from the State Regarding Rule Omissions and PSD Program Implementation
Omaha, Lincoln
9/13/95
                                     11/9/95
2/14/96, 61 FR 5725
State submittal dates are dates of letters.(20) Lincoln Municipal Code, Chapter 8.06.140 and 8.06.145
City of Lincoln
2/5/99
1/20/00, 65 FR 3130(21) Lancaster Co. Resolution 5069, Sections 12 and 13
Lancaster County
2/5/99
1/20/00, 65 FR 3130(22) Nebraska Lead Maintenance SIP
Omaha
1/18/01
4/20/01, 66 FR 20196(23) CAA 110(1)(2)(D)(i) SIP—Interstate Transport
Statewide
5/18/07
12/17/07, 72 FR 71245


[FR Doc. E9-18024 Filed 7-29-09; 8:45 am] BILLING CODE 6560-50-P