48582 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 

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 October 12, 2010. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 oxides, Volatile 

organic compounds. 

Dated: July 21, 2010. 

William Rice, 

Acting Regional Administrator, Region 7. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320(c) the table is amended 

by: 

■ a. Removing the entry under Chapter 

5 for 10–5.290; and 

■ b. Revising the entry under Chapter 6 

for 10–6.400. 

The revision reads as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire 

State of Missouri 

*******

10–6.400 ................... Restriction of Emission of Particulate Matter 

from Industrial Processes.

5/30/09 8/11/10 [insert FR page 

number where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2010–19569 Filed 8–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2009–0913; FRL–9186–5] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; State of Nebraska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) and 

Operating Permits Program to revise the 

state definition of volatile organic 

compounds; clarify language and 

incorporate rules related to construction 

permits to incorporate application fees 

and include a mechanism to use 

construction permits to accomplish 

other permitting needs; and clarify 

language related to open fires and 

explicitly include an exemption for fires 

used for religious activities. Approval of 

these revisions will ensure consistency 

between the state and Federallyapproved rules. 

DATES: This direct final rule will be 

effective October 12, 2010, without 

further notice, unless EPA receives 

adverse comment by September 10, 

2010. If adverse comment is received, 

EPA 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–2009–0913, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: 

wolfersberger.chris@epa.gov. 

3. Mail or Hand Delivery: Chrissy 

Wolfersberger, Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2009– 

0913. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 48583 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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 either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Chrissy Wolfersberger at (913) 551– 

7864, or by e-mail at 

wolfersberger.chris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ refer to EPA. This section provides 

additional information by addressing 

the following questions: 

What is being addressed in this document? 

What action is EPA taking? 

What does Federal approval of a state 

regulation mean to me? 

What is being addressed in this 

document? 

EPA is approving revisions to the 

Nebraska SIP and Operating Permits 

Program which revise the state 

definition of volatile organic 

compounds; incorporate rules related to 

construction permit application fees and 

include a mechanism to use 

construction permits to accomplish 

other permitting needs; and clarify 

language related to open fires. 

Changes to Chapter 1 revise the 

definition of volatile organic 

compounds (VOCs) to adopt changes 

that EPA made on November 29, 2004. 

In the first action (69 FR 69298), EPA 

added four chemicals to the list of 

excluded compounds at 40 CFR 

51.100(s)(1), on the basis that these 

compounds make a negligible 

contribution to tropospheric ozone 

formation. These are: 1,1,1,2,2,3,3- 

heptafluoro-3-methoxy-propane;3- 

ethoxy-1,1,1,2,3,4,4,5,5,6,6,6- 

dodecafluoro-2-(trifluoromethyl) 

hexane; 1,1,1,2,3,3,3- 

heptafluoropropane; and Methyl 

formate. 

In the second action (69 FR 69304), 

EPA modified the definition of VOC at 

40 CFR 51.100(s)(5) to exclude t-butyl 

acetate as a VOC for purposes of VOC 

emission limitations or VOC content 

requirements. While EPA determined 

that t-butyl acetate has a negligible 

contribution to tropospheric ozone 

formation, and need not be considered 

in determining source compliance with 

restrictions on VOC emissions, it also 

concluded that the compound should 

still be subject to all recordkeeping, 

emissions reporting, modeling, and 

inventory VOC requirements. The EPA 

final rule was effective December 29, 

2004. The Nebraska regulation does not 

retain the recordkeeping, emissions 

reporting, modeling, and inventory VOC 

requirements. 

EPA has communicated with the state 

regarding this issue, and expects that 

Nebraska will revise its rule to retain the 

recordkeeping, emissions reporting, 

modeling, and inventory VOC 

requirements specified in the federal 

rule for sources using t-butyl acetate. 

Pending the state’s revision of the rule, 

EPA is not approving the current 

submittal as it relates to t-butyl acetate. 

EPA is, however, approving the revision 

as it relates to the other compounds 

discussed above. 

Changes to Chapter 17, construction 

permits, clarify various terms in the 

regulation, add cross-references, and 

delete redundant language. 

Additionally, Chapter 17, 003.01 adopts 

into Title 129 the construction permit 

application fee structure adopted by the 

Nebraska Legislature in 2004 at Neb. 

Rev. Stat. § 81–1505.06. EPA had 

determined that these primarily 

administrative changes are consistent 

with Federal requirements. 

Changes to Chapter 17, 015 delineates 

the construction permit process to be 

used as a vehicle to accomplish other 

permitting needs when a construction 

permit is not actually required, 

including to establish enforceable limits 

to avoid otherwise applicable regulatory 

provisions, or to modify existing 

construction permits to incorporate 

modifications that cannot be processed 

otherwise. While EPA is approving this 

regulatory change as part of this SIP 

submission as consistent with EPA 

requirements, it should be noted that if 

this provision is used to establish 

requirements relating to another 

regulatory program required to be 

included in the SIP, such as a best 

available retrofit technology 

requirement to address Regional Haze, 

Nebraska would need to submit such 

requirements to EPA for SIP approval, 

in order to meet the requirements of the 

particular regulatory program. 

Therefore, EPA approval of this 

regulation does not imply approval of 

permit requirements which may be 

issued under the regulation. 

Changes to Chapter 30 clarify 

language related to open fires, 

exemptions, and permits. Additionally, 

Chapter 30, 002.01 expands allowable 

exceptions to the Nebraska Department 

of Environmental Quality open fire ban 

to include fires set solely for religious 

activities. According to the state’s 

documentation, this change was 

intended to end confusion about the 

allowability of fires used in Native 

American sweat lodge ceremonies in 

those areas where the state has 

jurisdiction. EPA believes that fires set 

solely for religious purposes are similar 

in terms of size, frequency, and 

emissions to fires set for recreational 

purposes, which are already exempted 

from the open fire ban. Therefore, this 

change is considered a clarification, and 

it is not expected to result in additional 

emissions increases or a SIP relaxation. 

Changes to Chapter 30, 002.08 alter 

the wording to state that burning 

materials not authorized under a burn 

permit may result in withdrawal of the 

permit. The existing wording stating 

that burning unauthorized materials 

‘‘will result in immediate withdrawal of 

the permit’’ is inconsistent with normal 

state enforcement procedures, which 

allow for case-by-case discretion. EPA 

notes that, in any event, burning of 

material not authorized under the 

permit would not be exempt from the 

open burning ban in the rule, and 

would, therefore, be a violation of the 

rule. Therefore, the change regarding 

withdrawal of permits does not affect 

the enforceability of the rule. EPA is 


srobinson on DSKHWCL6B1PROD with RULES
48584 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 

approving the rule revision on this 

basis. 

What action is EPA taking? 

With the exception of the exemption 

of t-butyl acetate as discussed above, we 

are taking final action to approve 

revisions to the Nebraska SIP and 

Operating Permits Program. Approval of 

this revision will ensure consistency 

between the state and the Federallyapproved rules. EPA has determined 

that these changes will not relax the SIP 

or adversely impact air emissions and 

will not substantively change the 

operating permits program. 

We are processing this action as a 

direct final action because the revisions 

make noncontroversial changes to the 

existing rules. Therefore, we do not 

anticipate any adverse comments. 

Please note that if EPA receives adverse 

comment on part of this rule and if that 

part can be severed from the remainder 

of the rule, EPA may adopt as final 

those parts of the rule that are not the 

subject of an adverse comment. 

What does Federal approval of a state 

regulation mean to me? 

Enforcement of the state regulation 

before and after it is incorporated into 

the Federally-approved SIP is primarily 

a state responsibility. However, after the 

regulation is Federally approved, we are 

authorized to take enforcement action 

against violators. Citizens are also 

offered legal recourse to address 

violations as described in section 304 of 

the CAA. 

Statutory and Executive Order Reviews 

Under the 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 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 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). 

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). 

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 October 12, 2010. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: July 21, 2010. 

William Rice, 

Acting Regional Administrator, Region 7. 

■ Chapter I, Title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart CC—Nebraska 

■ 2. In § 52.1420(c) the table is amended 

by revising the entries for 129–1, 129– 

17, and 129–30 to read as follows: 

§ 52.1420 Identification of plan. 

* * * * * 

(c) * * * 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 48585 

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 ...................... 9/25/05 8/11/10 [insert FR page number where the document begins].Requirements for t-butyl 

acetate are still in effect. 

* * * * * * * 

129–17 ............................ Construction Permits— 

When Required.

9/25/05 8/11/10 [insert FR page number where the document begins].

*******

129–30 ............................ Open Fires, Prohibited; 

Exceptions.

9/25/05 8/11/10 [insert FR page number where the document begins].

*******

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for Part 70 

continues to read as follows: 

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

Appendix A—[Amended] 

■ 4. Appendix A to Part 70 is amended 

by adding paragraph (j) under the 

heading ‘‘Nebraska; City of Omaha; 

Lincoln-Lancaster 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 

* * * * * 

(j) The Nebraska Department of 

Environmental Quality approved a revision 

to NDEQ Title 129, Chapter 1 on June 2, 

2005, which became effective September 25, 

2005. This revision was submitted on May 

27, 2009. We are approving this program 

revision effective October 12, 2010. 

* * * * * 

[FR Doc. 2010–19566 Filed 8–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Part 1515 

RIN 0331–ZA01 

Revision of Freedom of Information 

Act Regulations 

AGENCY: Council on Environmental 

Quality. 

ACTION: Final Rule. 

SUMMARY: This document amends the 

Council on Environmental Quality’s 

(CEQ) regulations governing the 

disclosure of information pursuant to 

the requests made under the Freedom of 

Information Act (FOIA). These revisions 

also reflect the principles established by 

President Obama’s Presidential 

Memoranda on ‘‘Transparency and Open 

Government’’ and ‘‘Freedom of 

Information Act’’ issued on January 21, 

2009 and Attorney General Holder’s 

Memorandum on ‘‘The Freedom of 

Information Act (FOIA)’’ issued on 

March 19, 2009. Additionally, the 

regulations have been updated to reflect 

CEQ’s policy and practices and reaffirm 

its commitment to providing the fullest 

possible disclosure of records to the 

public. The regulations provide for an 

online FOIA Requester Service Center 

and Reading Room; electronic FOIA 

requests; access to records published or 

released under FOIA in electronic 

format, provided the record is readily 

reproducible in that form or format; 

designation of a Chief FOIA Officer and 

FOIA Public Liaison; referral of requests 

to appropriate Federal agencies or 

consultation with another agency, if 

appropriate; review of requests in order 

of receipt; multi-tacking of FOIA 

requests based on the amount of time 

and work involved in processing 

requests; revision of CEQ’s initial 

determination period from 10 days to 20 

days, beginning on the date CEQ 

receives a written request; assignment of 

individualized tracking numbers for 

certain requests; tolling of the time limit 

for CEQ to act on a request; expedited 

processing of FOIA requests upon 

showing a showing of compelling need; 

CEQ consultations with a requester to 

determine if a FOIA request may be 

modified to allow for a more timely 

response, or to arrange an alternative 

time frame for a response; informing the 

requester of the volume of requested 

material withheld and the extent of 

deletions in records released in 

response to a FOIA request; increase in 

time for appeal from 45 to 60 days from 

the date of denial of a request; extension 

of the time limit to respond to a request 

in ‘‘unusual circumstances,’’ and 

aggregation of clearly related requests by 

a single requester or group of requesters. 

Further, CEQ’s fee structure is revised to 

include a method for computing fees 

based upon the classification of the 

requester and the base pay of the 

employee making the search, an 

increase of copying costs from $0.10 to 

$0.15 per page, and a provision for 

waiving fees. Additional administrative 

changes include reorganizing, 

renumbering, and renaming of the FOIA 

subsections and updating addresses and 

telephone numbers. 

DATES: This final rule is effective 

September 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Moss, FOIA Coordinator, 722 

Jackson Place, NW., Washington, DC 

20503 or (202) 456–6550. 

SUPPLEMENTARY INFORMATION: On 

November 13, 2009, the Council on 

Environmental Quality published a 

proposed rule that revised its existing 

regulations under the FOIA and added 

new provisions implementing the 

‘‘Openness Promotes Effectiveness in 

our National Government Act of 2007’’ 

(OPEN Government Act of 2007), Public 

Law 110–175, 121 Stat. 2524 (Dec. 31, 

2007) and the ‘‘Electronic Freedom of 

Information Act Amendments of 1996’’ 

(Electronic FOIA Amendments), Public 


srobinson on DSKHWCL6B1PROD with RULES