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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 1230, Action on Applications, amended April 7, 2020.

555 The following amended regulations were submitted on August 10, 2020 by the Governors designee.
i Incorporation by reference.
A Mendocino County Air Quality Management District.
1 Regulation 1, Rule 1220, New Source Review Standards Including PSD Evaluations, last amended on April 7, 2020.
2 Regulation 1, Rule 1230, Action on Applications, last amended April 7, 2020.
B Reserved ii Reserved 3. Section 52.270 is amended by revising paragraph b3 introductory text to read as follows:
52.270
quality.

Significant deterioration of air

b
3 The PSD program for Mendocino County Air Quality Management District, as incorporated by reference in 52.220c489 and c555 is approved under Part C, Subpart 1, of the Clean Air Act. However, EPA is retaining authority to apply 52.21 in certain cases. The provisions of 52.21
except for paragraph a1 are therefore incorporated and made a part of the State plan for California for the Mendocino County Air Quality Management District for:

FR Doc. 202113452 Filed 62421; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY

Table of Contents
40 CFR Part 52
EPAR07OAR20210244; FRL10025
00Region 7

Air Plan Approval; Nebraska;
Revisions to Title 129 of the Nebraska Administrative Code; Chapter 39
Visible Emissions From DieselPowered Motor Vehicles Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

The Environmental Protection Agency EPA is taking final action to approve a revision to the State Implementation Plan SIP for the State of Nebraska. This final action will amend the SIP to revise title 129 of the Nebraska Administrative Code by removing a portion of the SIP that
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SUMMARY:

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addresses visible emissions from dieselpowered motor vehicles. Visible emissions from diesel-powered motor vehicles are addressed in the state statute. The revisions remove duplicative language that is redundant to the state statute. The revisions do not substantively change any existing statutory or regulatory requirement or impact the stringency of the SIP or air quality nor do they impact the States ability to attain or maintain the National Ambient Air Quality Standards.
DATES: This final rule is effective on July 26, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAR07OAR20210244. 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:
Allie Donohue, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219;
telephone number: 913 5517986;
email address: donohue.allie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our refer to EPA.
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference V. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is amending Nebraskas SIP
to include revisions to title 129 of the Nebraska Administrative Code. The EPA
is approving revisions to the Nebraska SIP received on July 16, 2020.
Specifically, the EPA is amending the Nebraska SIP by removing a portion of the SIP as follows: Title 129. Chapter 39.
Visible Emissions from Diesel-powered Motor Vehicles. EPA is approving these revisions as they do not substantively change any existing statutory or regulatory requirement. These revisions do not impact the stringency of the SIP

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or air quality. The EPA solicited comments on the proposed revision to Nebraskas SIP, and received no comments.
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. The State provided public notice of the SIP revision from September 28, 2019, to November 6, 2019, and held a public hearing on November 7, 2019. In a letter to the state dated November 7, 2019, the EPA stated that the agency has no comment on the proposed repeal of this regulation. EPA
further recommended that NDEE
include a justification that the rule is redundant to state statute. The SIP
revision meets the substantive requirements of the CAA, including section 110 and implementing regulations.
III. What action is the EPA taking?
The EPA is taking final action to amend the Nebraska SIP by approving the States request to remove Title 129
section 39. Visible Emissions from Diesel-powered Vehicles. The removal of this portion of the SIP will ensure consistency between state and federallyapproved rules. The EPA has determined that these changes will not adversely impact air quality because the regulation duplicates the States statute, which applies in the same jurisdiction.
IV. Incorporation by Reference In this document, the EPA is amending regulatory text that includes incorporation by reference. As described in the amendments to 40 CFR part 52 set forth below, the EPA is removing provisions of the EPA-Approved Nebraska Regulations from the Nebraska State Implementation Plan, which is incorporated by reference in accordance with the requirements of 1 CFR part 51.
V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs 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
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