Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70023 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP 

State citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

District of Columbia Municipal Regulations (DCMR), Title 20—Environment 

Chapter 1 General 

*******

Section 199 .............................. Definitions and Abbreviations 08/16/15 10/11/16, [Insert Federal Register citation].Added two new definitions. 

* * * * * * * 

Chapter 5 Source Monitoring and Testing 

*******

Sections 502.1 through 502.15 Sampling, Tests, and Measurements.08/16/15 10/11/16, [Insert Federal Register citation].Updates to sampling and testing practices for fuel oils. 

Exceptions: Paragraphs 

502.11, 502.12 and 502.14 

are not part of the SIP. 

*******

Chapter 8 Asbestos, Sulfur and Nitrogen Oxides 

Section 801 .............................. Sulfur Content of Fuel Oils ..... 08/16/15 10/11/16, [Insert Federal Register citation].Updates to the sulfur content 

of No. 2 and No.4 fuel oils 

and the prohibition of the 

use of No. 5 fuel oil. 

* * * * * * * 

Section 899 .............................. Definitions and Abbreviations 08/16/15 10/11/16, [Insert Federal Register citation].Addition of new definitions that 

relate to the handling and 

storage of fuel oil. 

* * * * * * * 

* * * * * 

[FR Doc. 2016–24372 Filed 10–7–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2016–0556; FRL–9953–61– 

Region 7] 

Approval of Nebraska’s Air Quality 

Implementation Plans 

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 as submitted on March 6, 

2014, and July 14, 2014. This action will 

amend the SIP to include revisions to 

title 129 of the Nebraska Air Quality 

Regulations, chapter 4, ‘‘Ambient Air 

Quality Standards’’; chapter 19, 

‘‘Prevention of Significant Deterioration 

of Air Quality’’; and chapter 22, 

‘‘Incinerators; Emission Standards’’. 

This amendment makes the state 

regulation consistent with the National 

Ambient Air Quality Standards 

(NAAQS) for particulate matter 10 

micrometers or less (PM10), fine 

particulate matter 25 micrometers or 

less (PM2.5), Sulfur dioxide, Nitrogen 

dioxide, Carbon monoxide, Ozone, and 

Lead, as of the date of the state 

submittal. This action also makes 

formatting and grammatical corrections 

to title 129, chapters 19 and 22. 

DATES: This direct final rule will be 

effective December 12, 2016, without 

further notice, unless EPA receives 

adverse comment by November 10, 

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–2016–0556, 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 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Greg 

Crable, Environmental Protection 


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70024 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

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 

as they apply to chapter 4, ‘‘Ambient 

Air Quality Standards’’; chapter 19, 

‘‘Prevention of Significant Deterioration 

of Air Quality’’; and chapter 22, 

‘‘Incinerators; Emission Standards’’. 

Chapter 4 is amended making it 

consistent with the Federal standards 

found at 40 CFR part 50, in regards to 

the NAAQS for all six criteria air 

pollutants, as of July 14, 2014. The 

amendments submitted on March 6, 

2014, make formatting and grammatical 

corrections to chapters 19 and 22. For 

additional information on the revisions 

to chapter 4, 19 and 22 see the detailed 

discussion table in the docket. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submittal has met the public 

notice requirements for SIP submissions 

in accordance with 40 CFR 51.102. The 

submittal 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 

submitted on July 14, 2014, to revise the 

SIP to include revisions to the National 

Ambient Air Quality Standards for all 

six criteria pollutants consistent with 

the Federal standards, as of the date of 

the state’s submittal. Per the state’s 

March 6, 2014, submittal EPA is also 

approving minor formatting and 

grammatical corrections to chapters 19 

and 22. 

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, chapters 4, 19 and 22 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 

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 


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Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70025 

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 12, 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 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 dioxide, Volatile 

organic compounds. 

Dated: September 27, 2016. 

Mike Brincks, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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 entries for 129–4, 129–19 and 

129–22 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 

*******

129–4 ................ Ambient Air Quality 

Standards.

5/13/14 10/11/16, [Insert Federal 

Register citation].

This revision to Chapter 4 amends the ambient air 

quality standards for PM10, PM2.5, SO2, NO2, 

CO, O3, and Pb making them consistent with National Ambient Air Quality Standards (NAAQS) 

found at 40 CFR part 50, as of the date of the 

state’s submittal, July 14, 2014. 

* * * * * * * 

129–19 .............. Prevention of Significant 

Deterioration of Air 

Quality.

12/9/13 10/11/16, [Insert Federal 

Register citation]. 

*******

129–22 .............. Incinerators; Emission 

Standards.

12/9/13 10/11/16, [Insert Federal 

Register citation]. 

*******

* * * * * 

[FR Doc. 2016–23975 Filed 10–7–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2016–0571; FRL–9953–77– 

Region 7] 

Approval of Missouri’s Air Quality 

Implementation Plans, Operating 

Permits Program, and 112(l) Plan; 

Construction Permits Required 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to Missouri’s 

State Implementation Plan (SIP), 

Operating Permits Program, and 112(l) 

Plan. The April 6, 2016, request from 

Missouri revises fees for permitting 

services provided by the air quality 

program, including construction permit 

applications and operating permit 

applications. Missouri also removed the 

basic operating permit requirement in 

their ‘‘Operating Permits’’ rule for 

incinerators with emissions less than 

the de minimis levels. While EPA has 

never approved the basic operating 

permit program into Missouri’s SIP or 

Missouri’s Operating Permits Program, 

one statement on incinerators in the 

approved SIP and Operating Permits 

Program is removed by the submission. 

This statement applied the ‘‘Operating 

Permits’’ rule to all incinerators within 

the State. Any permittees with 

incinerators already required to have 

either Intermediate State Operating 

Permits or part 70 Operating Permits 

will still have the same permitting 

requirements. This revision does not 

exempt any incinerators from 

appropriate permitting. Likewise, any 

future permittees with incinerators 

under the former version of the SIP and 

Operating Permits Program would have 

required either an Intermediate State 

Operating Permit or a part 70 Operating 

Permit will still have the same 


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