Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69693 

Name of source Permit No. County State 

effective date EPA approval date Additional explanation/ § 52.2063 citation 

Veolia Energy Philadelphia—Edison Station.PA–51–4902 ..... Philadelphia .................... 01/09/15 10/07/2016, [Insert Federal Register citation].Supersedes previously 

approved RACT permit. Source was formerly TRIGEN—Edison Station. 

Veolia Energy Philadelphia—Schuylkill Station.PA–51–4942 ..... Philadelphia .................... 02/09/16 10/07/2016, [Insert Federal Register citation].Supersedes previously 

approved RACT permit. Source was formerly TRIGEN— 

Schuylkill Station. 

Source is aggregated 

with Grays Ferry Cogeneration Partnership 

and Veolia Energy Efficiency, LLC. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable geographic area 

State submittal 

date EPA approval date Additional explanation 

*******

Philadelphia 1997 8-Hour Ozone RACT 

Demonstration.

Philadelphia County 9/29/2006, 6/ 

22/2010, 6/27/ 

2014, 7/18/ 

2015, 4/26/ 

2016 

10/7/2016, [Insert 

Federal Register 

citation].

Addressing all applicable RACT requirements for Philadelphia under the 

1997 8-hour ozone standards. This 

rulemaking action converts the prior 

conditional approval of RACT demonstration to full approval. 

* * * * * 

§ 52.2023 [Amended] 

■ 3. In § 52.2023, remove paragraph (l). 

[FR Doc. 2016–23840 Filed 10–6–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2016–0555; FRL–9953–59– 

Region 7] 

Approval of Nebraska’s Air Quality 

Implementation Plans; Nebraska Air 

Quality Regulations and State 

Operating Permit Programs 

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 title 129 of 

the Nebraska Air Quality Regulations, 

chapter 5, ‘‘Operating Permits—When 

Required’’; chapter 9, ‘‘General 

Operating Permits for Class I and Class 

II Sources’’; chapter 22, ‘‘Incinerators; 

Emission Standards’’; chapter 30, ‘‘Open 

Fires’’; and chapter 34 ‘‘Emission 

Sources; Testing; Monitoring. These 

revisions were requested by the 

Nebraska Department of Environmental 

Quality (NDEQ) in three submittals, 

submitted on May 1, 2003, November 8, 

2011, and July 14, 2014. The May 1, 

2003, submittal revised chapters 5 and 

9, to address changes in regard to the 

permits-by-rule provisions of Title 129. 

The November 8, 2011, submittal allows 

for the issuance of multiple operating 

permits to major sources through 

revisions to chapter 5. In addition, 

revisions to chapters 22 and 30 

encourage the use of air curtain 

incinerators over open burning; and 

changes to chapter 34 clarify the 

authority of NDEQ to order emission 

sources to do testing when NDEQ deems 

it necessary. The July 14, 2014, 

submittal further revises chapter 34, by 

updating the reference to allowable test 

methods for evaluating solid waste, 

changing the amount of time allowed to 

submit test results, and allowing the 

Department to approve a request for 

testing with less than 30 days 

notification. 

DATES: This direct final rule will be 

effective December 6, 2016, without 

further notice, unless EPA receives 

adverse comment by November 7, 2016. 

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–2016–0555, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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69694 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

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. 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, 

chapters 5, 22, 30 and 34, as submitted 

on November 8, 2011. The EPA is also 

approving additional revisions to 

chapter 34, as submitted on July 14, 

2014, and to chapters 5 and 9, as 

submitted on May 1, 2003. Revisions to 

chapter 5 allows for the issuance of 

multiple operating permits to major 

sources. The revisions to chapters 22 

and 30 encourage the use of air curtain 

incinerators over open burning and the 

revisions to chapter 34 as submitted on 

November 8, 2011, clarify NDEQ’s 

authority to require emission sources to 

test for contaminant emissions. The 

revisions to chapter 34 requested in the 

July 14, 2014, submittal updates the 

reference to allowable test methods for 

evaluating solid waste; makes changes 

to the amount of time allowed to submit 

test results; and allows NDEQ to 

approve a request to test with less than 

30 days notification. 

The revisions to chapter 5 submitted 

on May 1, 2003, allows a source 

otherwise subject to the Class II 

operating permit program to be covered 

instead by the permits-by-rule 

provisions, provided the source 

qualifies. The May 1, 2003 submittal, 

also revised chapter 9 to allow a source 

covered for some activities under a 

general permit be covered for other 

facilities or activities by a permits-byrule. Revisions to chapter 5 ‘‘Operating 

Permits—When Required’’, submitted 

on November 8, 2011, clarifies the 

process for issuing operating permits to 

major sources comprised of different 

regulated entities or ‘‘persons’’. The 

changes allow each regulated entity 

more options in applying for operating 

permits and NDEQ more flexibility in 

issuing the permits. The revisions to 

chapter 5 are worded such that sources 

permitted under the changed language 

will not avoid other major source 

obligations. The revisions to chapter 22, 

‘‘Incinerators; Emission Standards’’, 

establish requirements regarding opacity 

for air curtain incinerators while 

revisions to chapter 30, ‘‘Open Fires’’, 

allow burning in an air curtain 

incinerator with a general or community 

open fire permit issued by NDEQ. Title 

129, chapter 34, ‘‘Emission Sources; 

Testing; Monitoring’’, as submitted on 

November 8, 2011, is being revised to 

clarify NDEQ’s authority to order 

emission sources to make or have tests 

made to determine the rate of 

contaminant emissions from the source. 

The July 14, 2014, submittal further 

revises chapter 34, by updating the 

reference to allowable test methods for 

evaluating solid waste, changes the 

amount of time allowed to submit test 

results, and allows NDEQ to approve a 

request for testing with less than 30 

days notification. For additional 

information on the revisions to chapter 

5, 9, 22, 30 and 34 see the detail 

discussion table in the docket. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submittals have met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submittals 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 

title 129, of the Nebraska Air Quality 

Regulations, chapter 5, ‘‘Operating 

Permits—When Required’’; chapter 22, 

‘‘Incinerators; Emission Standards’’; 

chapter 30, ‘‘Open Fires’’; and chapter 

34, ‘‘Emission Sources; Testing; 

Monitoring’’, as submitted by NDEQ on 

November 8, 2011. Also, EPA is 

approving NDEQ’s July 14, 2014, 

submittal involving additional revisions 

to chapter 34 and revisions to chapters 

5 and 9, ‘‘General Operating Permits for 

Class I and II Sources’’, as submitted on 

May 1, 2003. 

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 this Federal Register, we are 

publishing a separate document that 

will serve as the proposed rule to revise 

title 129 of the Nebraska Air Quality 

Regulations, chapter 5, ‘‘Operating 

Permits—When Required’’; chapter 9, 

‘‘General Operating Permits for Class I 

and II Sources’’; chapter 22, 

‘‘Incinerators; Emission Standards’’; 

chapter 30, ‘‘Open Fires’’; and chapter 

34, ‘‘Emission Sources; Testing; 

Monitoring’’ 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. If 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

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 direct final 

amendments to 40 CFR part 52 set forth 

below. 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 by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and at the 

appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

Statutory and Executive Order Reviews 

Under the Clean Air Act (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 

mstockstill on DSK3G9T082PROD with RULES

Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 69695 

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); 

• 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). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 6, 2016. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide, 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: September 27, 2016. 

Mike Brincks, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 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. Section 52.1420(c) is amended by 

revising the entries for 129–5, 129–9, 

129–22, 129–30, and 129–34 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 

*******

129–5 ........................................... Operating Permits—When Required.

2/16/08 10/7/16 [Insert Federal Register 

citation].

*******

129–9 ........................................... General Operating Permits for 

Class I and II Sources.

11/20/02 10/7/16 [Insert Federal Register 

citation].

*******

129–22 ......................................... Incinerators; Emission Standards 7/3/10 10/7/16 [Insert Federal Register 

citation].

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69696 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules and Regulations 

EPA-APPROVED NEBRASKA REGULATIONS—Continued 

Nebraska citation Title 

State 

effective 

date 

EPA approval date Explanation 

*******

129–30 ......................................... Open Fires ................................... 7/3/10 10/7/16 [Insert Federal Register 

citation].

* * * * * * * 

129–34 ......................................... Emission Sources; Testing; Monitoring.5/13/14 10/7/16 [Insert Federal Register 

citation].

* * * * * * * 

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Amend appendix A to part 70 by 

adding paragraphs (m) and (n) under 

‘‘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 

* * * * * 

(m) The Nebraska Department of 

Environmental Quality approved revisions to 

Nebraska Air Quality Regulations, Title 129, 

Chapter 5, ‘‘Operating Permits—When 

Required’’, and Chapter 9, ‘‘General 

Operating Permits for Class I and II Sources’’, 

on September 5, 2002. The State’s effective 

date is November 20, 2002. The revisions 

were submitted to EPA on May 1, 2003. This 

revision is effective on December 6, 2016. 

(n) The Nebraska Department of 

Environmental Quality approved revisions to 

Nebraska Air Quality Regulations, Title 129, 

Chapter 5, ‘‘Operating Permits—When 

Required’’, on December 7, 2007. The State’s 

effective date is February 16, 2008. The 

revisions were submitted to EPA on 

November 8, 2011. This revision is effective 

on December 6, 2016. 

* * * * * 

[FR Doc. 2016–24088 Filed 10–6–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 54 and 69 

[WC Docket Nos. 10–90, 16–271; WT Docket 

No. 10–208; FCC 16–115] 

Connect America Fund, Connect 

America Fund—Alaska Plan, Universal 

Service Reform—Mobility Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) adopts an integrated plan 

to address both fixed and mobile voice 

and broadband service in high-cost 

areas of the state of Alaska, building on 

a proposal submitted by the Alaska 

Telephone Association. 

DATES: Effective November 7, 2016, 

except for §§ 54.313(f)(1)(i), 54.313(f)(3), 

54.313(l), 54.316(a)(1), 54.316(a)(5) and 

(6), 54.316(b)(6), 54.320(d), and 54.321 

which contain new or modified 

information collection requirements that 

will not be effective until approved by 

the Office of Management and Budget. 

The Federal Communications 

Commission will publish a document in 

the Federal Register announcing the 

effective date for those sections. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Minard, Wireline 

Competition Bureau, (202) 418–7400 or 

TTY: (202) 418–0484, Matthew Warner 

of the Wireless Telecommunications 

Bureau, (202) 418–2419, or Audra HaleMaddox of the Wireless 

Telecommunications Bureau, (202) 418– 

0794. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order in WC Docket Nos. 10–90, 

16–271, WT Docket No. 10–208; FCC 

16–115, adopted on August 23, 2016 

and released on August 31, 2016. The 

full text of this document is available for 

public inspection during regular 

business hours in the FCC Reference 

Center, Room CY–A257, 445 12th Street 

SW., Washington, DC 20554, or at the 

following Internet address: https://

apps.fcc.gov/edocs_public/attachmatch/ 

FCC-16-115A1.docx. 

The Further Notice of Proposed 

Rulemaking (FNPRM) that was adopted 

concurrently with the Report and Order 

is published elsewhere in this issue of 

the Federal Register. 

I. Introduction 

1. In this Order, the Commission 

adopts an integrated plan to address 

both fixed and mobile voice and 

broadband service in high-cost areas of 

the state of Alaska, building on a 

proposal submitted by the Alaska 

Telephone Association. In February 

2015, the Alaska Telephone Association 

(ATA) proposed a consensus plan 

designed to maintain, extend, and 

upgrade broadband service across all 

areas of Alaska served by rate-of-return 

carriers and their wireless affiliates. 

Given the unique climate and 

geographic conditions of Alaska, the 

Commission finds that it is in the public 

interest to provide Alaskan carriers with 

the option of receiving fixed amounts of 

support over the next ten years to 

deploy and maintain their fixed and 

mobile networks. If each of the Alaska 

carriers elects this option, the 

Commission expects this plan to bring 

broadband to as many as 111,302 fixed 

locations and 133,788 mobile 

consumers at the end of this 10-year 

term. 

II. Alaska Plan for Rate-of-Return 

Carriers 

2. Today the Commission adopts 

ATA’s proposed consensus plan for 

rate-of-return carriers serving Alaska, 

subject to the minor modifications 

described herein. Alaskan rate-of-return 

carriers face unique circumstances 

including Alaska’s large size, varied 

terrain, harsh climate, isolated 

populations, shortened construction 

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