ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Parts 52 and 70 

[EPA-R07-OAR-2009-0913 ; FRL- ] 

Approval and Promulgation of Implementation Plans and Operating 

Permits Program ; State of Nebraska 

AGENCY : Environmental Protection Agency (EPA) . 

ACTION : Direct final rule . 

SUba?ARY : 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 Federally-approved rules . 

DATES : This direct final rule will be effective [insert date 60 

days from date of publication in the Federal Register ], without 

further notice, unless EPA receives adverse comment by [i nsert 

date 30 days from date of publicati on in the Federal Register ] . 

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 . 
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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 . EPAR07-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 .regulat ions .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 . regul ations .gov or e-mail 

information that you consider to be CBI or otherwise protected . 

The www .regulations .gov website 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 
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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 :00 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 . 
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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-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-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 
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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 tbutyl 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 
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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 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 
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to the Nebraska SIP and Operating Permits Program. Approval of 

this revision will ensure consistency between the state and the 

Federally-approved 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 
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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 (Public Law 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 
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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 
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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 [FEDERAL REGISTER 

OFFICE : insert date 60 days from date of publication of this 

document in the Federal Register ] . 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) .) 
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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 : 7~2/ / 2D/ v 

July 21, 2010 William Rice, 

Acting Regional Administrator, 

Region 7 . 
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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) 

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 [ insert date of Requirements 

FR publication] for t-butyl 

[ insert FR page acetate are 

number where the still in 

document begins] effect . 

129-17 Construction 9/25/05 [ insert date of 

Permits-When FR publication ] 

Required [ insert FR page 

number where the 

document begins] 

129-30 Open Fires, 9/25/05 [ insert date of 

Prohibited ; FR publication] 

Exceptions [ insert FR page 

number where the 

document begins] 
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PART 70 - [AMENDED] 

3 . The authority citation for Part 70 continues to read as 

follows : 

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

Appendix A - [Amended] 

4 . Appendix A to Part 70 is amended by adding paragraph 

(j) 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 [FEDERAL REGISTER OFFICE : insert date 60 

days from date of publication in the Federal Register] .