42592 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 

The revisions read as follows: 

§ 52.1675 Control strategy and 

regulations: Sulfur oxides. 

* * * * * 

(d) [Reserved] 

(e) Any exception or variance 

promulgated by the Commissioner 

under 6 NYCRR Sections 225–1.3 and 

1.4(b) shall not exempt any person from 

the requirements otherwise imposed by 

6 NYCRR Subpart 225–1; provided that 

the Administrator may approve such 

exception or variance as a plan revision 

when the provisions of this part, section 

110 (a)(3)(A) of the Act, and 40 CFR part 

51 (relating to approval of and revisions 

to State implementation plans) have 

been satisfied with respect to such 

exception or variance. 

[FR Doc. 2018–18115 Filed 8–22–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2018–0307; FRL–9982– 

07—Region 7] 

Air Plan Approval; Nebraska; 

Revisions to Title 115 of the Nebraska 

Administrative Code; Rules of Practice 

and Procedure 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Nebraska State Implementation Plan 

(SIP) addressing the legal practices and 

procedures that govern the Nebraska 

Department of Environmental Quality 

(NDEQ) relating to public record law 

and the State’s Administrative 

Procedure Act. The State revised their 

regulations based on legislative 

amendments to the State’s 

Administrative Procedure Act and the 

public record laws which imposed 

additional requirements on the 

Nebraska Department of Environmental 

Quality. Specifically, revisions are being 

made to definitions, filings and 

correspondence, public record 

availability and confidentiality, public 

hearings, contested cases, emergency 

proceeding hearings, declaratory 

rulings, rulemaking and variances. 

These revisions do not impact air 

quality, do not revise emission limits or 

procedures, nor do they impact the 

State’s ability to attain or maintain the 

National Ambient Air Quality 

Standards. 

DATES: This final rule is effective on 

September 24, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2018–0307. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

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. Response to Comments 

IV. What action is EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

EPA is taking final action to approve 

revisions to the SIP submitted by the 

State of Nebraska on August 28, 2014. 

This action will amend the SIP to revise 

title 115 of the Nebraska Administrative 

Code. Title 115 addresses the legal 

practices and procedures that govern the 

Nebraska Department of Environmental 

Quality (NDEQ) relating to public record 

law and the State’s Administrative 

Procedure Act. EPA proposed approval 

of Nebraska’s SIP submission in its 

action published in the Federal Register 

on June 5, 2018, at 83 FR 25977. The 

last revision to title 115, Rules of 

Practice and Procedure, was approved 

on January 4, 1995, at 60 FR 372. Since 

that time, the legislature has amended 

the Administrative Procedure Act and 

the public record laws which impose 

additional requirements on NDEQ. 

NDEQ has adopted the revisions to title 

115 and has requested EPA amend the 

SIP. 

This action amends the SIP by 

revising chapter 1, Definitions of Terms; 

chapter 2, Filings and Correspondence; 

chapter 3, Public Records Availability; 

chapter 4, Public Records 

Confidentiality; chapter 5, Public 

Hearings; chapter 7, Contested Cases; 

chapter 8, Emergency Proceeding 

Hearings; chapter 9, Declaratory 

Rulings; and chapter 10, Rulemaking. 

Also, this action approves the revision 

to the chapter titles for chapters 2, 4, 8, 

9 and 10. No revisions are being made 

to chapter 6, Voluntary Compliance. 

Chapter 11, Variances, is being deleted. 

The revisions to title 115 are numerous 

and can be found in the August 28, 2014 

State submission which is part of the 

docket. 

Specifically, the changes to chapters 

1, 2, 7, 8, 9 and 10 conform regulatory 

language to the Attorney General’s 

model rules. Revisions to chapters 3 and 

5 better describe the procedures already 

in place by practice for obtaining public 

records and public hearings on permit 

decisions or fact-finding hearings that 

are required by law. Revisions to 

chapter 4 clarify the procedures for 

asserting a claim of confidentiality trade 

secrets. Finally, chapter 11 is being 

deleted from title 115 because it is 

duplicative and found in chapter 33 of 

title 129. 

EPA is approving these revisions as 

they are not fundamentally different 

from a procedural standpoint from 

existing rules. These revisions do not 

impact air quality. The revisions do not 

revise emission limits or procedures, 

nor do they impact the state’s ability to 

attain or maintain the National Ambient 

Air Quality Standards. 

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 revised title 115 chapters 

were placed on public notice on January 

30, 2004, and a public hearing was held 

by the NDEQ on March 5, 2004. During 

the public hearing NDEQ received three 

comments. NDEQ addressed each of the 

comments and made no change to the 

rule based on comments received. The 

submission also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition, as explained 

above, and as demonstrated in the 

documents in the docket, the revisions 

meet the substantive SIP requirements 

of the Clean Air Act (CAA), including 

section 110 and implementing 

regulations. 


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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42593 

1 62 FR 27968 (May 22, 1997). 

III. Response to Comments 

The EPA proposed action on this SIP, 

published in the Federal Register on 

June 5, 2018, (83 FR 25977) received no 

comments. 

IV. What action is EPA taking? 

EPA is taking final action to amend 

the Nebraska SIP. This action will 

amend the SIP to revise title 115 of the 

Nebraska Administrative Code 

‘‘Nebraska Rules of Practice and 

Procedure.’’ The revisions to title 115 

update the NDEQ rules of practice and 

procedure to incorporate legislative 

changes that have been made to the 

State’s Administrative Procedure Act 

and the public record laws. 

V. 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 amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 7 Office (please contact the 

person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

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 in the next 

update to the SIP compilation.1

VI. 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 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• 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 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, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, 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). 

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: August 16, 2018. 

James B. Gulliford, 

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. Amend § 52.1420(c) by: 

■ a. Revising the entries for citations 

115–1, 115–2, 115–3, 115–4, 115–5, 

115–7, 115–8, 115–9, and 115–10; 

■ b. Removing the entry for citation 

115–11. 

The revisions 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 


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42594 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 

EPA-APPROVED NEBRASKA REGULATIONS—Continued 

Nebraska 

citation Title State effective date EPA approval date Explanation 

*******

Title 115—Rules of Practice and Procedure 

115–1 .............. Definitions of Terms ....................... 6/8/2004 8/23/2018, [Insert Federal Register citation].

115–2 .............. Petition for Declaratory Order ........ 6/8/2004 8/23/2018, [Insert Federal Register citation].

115–3 .............. Public Records Availability ............ 6/8/2004 8/23/2018, [Insert Federal Register citation].

115–4 .............. Confidentiality for Trade Secrets ... 6/8/2004 8/23/2018, [Insert Federal Register citation].

115–5 .............. Public Hearings .............................. 6/8/2004 8/23/2018, [Insert Federal Register citation].

* * * * * * * 

115–7 .............. Contested Cases ........................... 6/8/2004 8/23/2018, [Insert Federal Register citation].

115–8 .............. Intervention in a Contested Case .. 6/8/2004 8/23/2018, [Insert Federal Register citation].

115–9 .............. Ex Parte Communications Prohibited.6/8/2004 8/23/2018, [Insert Federal Register citation].

115–10 ............ Petition for Rulemaking ................. 6/8/2004 8/23/2018, [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2018–18104 Filed 8–22–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2018–0188; FRL–9982– 

06—Region 7] 

Approval of Nebraska Air Quality 

Implementation Plan; Particulate 

Emissions; Limitations and Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the State 

Implementation Plan (SIP) submitted on 

July 14, 2014, by the State of Nebraska. 

This final action will amend the SIP to 

include revisions to title 129 of the 

Nebraska Administrative Code, chapter 

20 ‘‘Particulate Emissions; Limitations 

and Standards’’. The revisions make 

clear that the emission rates in the rule 

apply to applicable sources except when 

a more stringent Federal rule or limit in 

a construction permit exists. Other 

minor administrative revisions are also 

being made. Approval of these revisions 

will not impact air quality, ensures 

consistency between the State and 

Federally approved rules, and ensures 

Federal enforceability of the State’s 

rules. 

DATES: This final rule is effective on 

September 24, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2018–0188. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

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. EPA’s Response to Comments. 

IV. What action is EPA taking? 

V. Incorporation by Reference. 

VI. Statutory and Executive Order Reviews. 

I. What is being addressed in this 

document? 

EPA is approving amendments to 

Nebraska’s SIP to include revisions to 

title 129 of the Nebraska Administrative 

Code, chapter 20, ‘‘Particulate 

Emissions; Limitations and Standards’’ 

submitted to EPA on July 14, 2014. EPA 

proposed approval of the State’s 

submission in its action published in 

the Federal Register on June 5, 2018 at 

83 FR 25975. The chapter 20 revisions 

provide clarity to the chapter. The 

revisions to chapter 20, being addressed 

in this action, were submitted as a part 

of a larger package, revising other title 

129 chapters, submitted at the same 

time as the July 14, 2014 submittal. On 

April 6, 2018, EPA took final action on 

two title 129 chapters, chapter 1 

‘‘Definitions’’, and chapter 15 

‘‘Operating Permit Modifications; 

Reopening for Cause.’’ In that final 

action, EPA stated it would take action 

separately on chapter 20. See 83 FR 

14762. EPA is now taking a final action 

to approve revisions to chapter 20. The 

revisions to chapter 20 are described 

below. 

Nebraska’s Department of 

Environmental Quality (NDEQ) 


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