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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Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 42595 

1 62 FR 27968 (May 22, 1997). 

approved the revision to the chapter 

title by removing,’’(EXCEPTIONS DUE 

TO BREAKDOWNS OR SCHEDULED 

MAINTENANCE: SEE CHAPTER 35)’’ 

and replacing it with a stand alone 

statement of exception that reads: ‘‘For 

exceptions due to breakdowns or 

scheduled maintenance: see Chapter 

35—COMPLIANCE; EXCEPTIONS DUE 

TO STARTUP, SHUTDOWN, OR 

MALFUNCTION.’’ In addition, the 

submitted revision removes a footnote 

to table 20–2, making it a stand alone 

section numbered 007 and finally, the 

revision will add 008 clarifying that 

section 001 and 002 of chapter 20 

applies unless a more stringent 

particulate matter standard is specified 

in the underlying requirments of an 

applicable Federal rule or is specified 

within a construction permit issued 

under title 129. 

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, as 

explained above, the revisions meet the 

substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

III. EPA’s Response to Comments 

The public comment period on EPA’s 

proposed rule opened on June 5, 2018, 

the date of its publication in the Federal 

Register, and closed on July 5, 2018. 

During this period, EPA received four 

comments. After reviewing the 

comments, the EPA has determined that 

the comments are outside the scope of 

our proposed rule and fails to identify 

any material issue necessitating a 

response. Accordingly, the EPA will not 

provide a specific response to the 

comments. We note that the public 

comments received on this rulemaking 

action are available for review by the 

public and may be viewed by following 

the instructions for access to docket 

materials as outlined in the ADDRESSES

section of this preamble. 

IV. What action is EPA taking? 

EPA is taking final action to amend 

the Nebraska SIP, to include revisions to 

title 129, chapter 20 as submitted by 

NDEQ on July 14, 2014. 

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). 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 22, 2018. 

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).) 


daltland on DSKBBV9HB2PROD with RULES
42596 Federal Register / Vol. 83, No. 164 / Thursday, August 23, 2018 / Rules and Regulations 

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 revising the 

entry for citation ‘‘129–20’’ 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 

*******

129–20 ............ Particulate Emissions; Limitations 

and Standards.

5/13/2014 8/23/2018, [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2018–18103 Filed 8–22–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 412 

[CMS–1709–N] 

RIN 0938–ZB49 

Medicare Program; Certain Changes to 

the Low-Volume Hospital Payment 

Adjustment Under the Hospital 

Inpatient Prospective Payment 

Systems (IPPS) for Acute Care 

Hospitals for Fiscal Years 2011 

Through 2017 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Application of a payment 

adjustment. 

SUMMARY: This document announces 

changes to the payment adjustment for 

low-volume hospitals under the hospital 

inpatient prospective payment systems 

(IPPS) for acute care hospitals for fiscal 

years (FYs) 2011 through 2017 in 

accordance with section 429 of the 

Consolidated Appropriations Act, 2018. 

DATES: Effective date: August 22, 2018. 

Applicability date: The provisions 

described in this document are 

applicable for discharges on or after 

October 1, 2010, and on or before 

September 30, 2017, in accordance with 

section 429 of the Consolidated 

Appropriations Act, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Michele Hudson, (410) 786–5490.; Mark 

Luxton, (410) 786–4530. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 23, 2018 the Consolidated 

Appropriations Act, 2018 (Pub. L. 115– 

141) was enacted. Section 429 of the 

Consolidated Appropriations Act, 2018 

makes certain changes to the payment 

adjustment for low-volume hospitals for 

fiscal years (FYs) 2011 through 2017 

relating to the application of the mileage 

criterion for Indian Health Service and 

non-Indian Health Service facilities. 

II. Provisions of the Document 

A. Changes to the Payment Adjustment 

for Low-Volume Hospitals in FYs 2011 

Through 2017 

1. Background 

Section 1886(d)(12) of the Act 

provides for an additional payment to 

each qualifying low-volume hospital 

under the Hospital Inpatient Prospective 

Payment Systems (IPPS) for Acute Care 

Hospitals beginning in FY 2005. CMS 

implemented this provision in the 

regulations at 42 CFR 412.101. The 

payment adjustment to a low-volume 

hospital provided for under section 

1886(d)(12) of the Act is ‘‘[i]n addition 

to any payment calculated under this 

section.’’ Therefore, meaning the 

payment adjustment is based on the per 

discharge amount paid to the qualifying 

hospital under section 1886 of the Act. 

In other words, the low-volume hospital 

payment adjustment is based on total 

per discharge payments made under 

section 1886 of the Act, including 

capital, disproportionate share hospital 

(DSH), indirect medical education 

(IME), and outlier payments. For sole 

community hospitals (SCHs) and 

Medicare-dependent hospitals (MDHs), 

the low-volume hospital payment 

adjustment is based in part on either the 

Federal rate or the hospital-specific rate, 

whichever results in a greater operating 

IPPS payment. 

The Affordable Care Act amended 

section 1886(d)(12) of the Act by 

modifying the definition of a lowvolume hospital and the methodology 

for calculating the payment adjustment 

for low-volume hospitals, effective only 

for discharges occurring during FYs 

2011 and 2012, and subsequent 

legislation extended those temporary 

modifications through FY 2018. (The 

most recent statutory extension of those 

temporary changes to the low-volume 

hospital payment policy was for FY 

2018 and is discussed in a document 


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