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Proposed Rules
Federal Register Vol. 86, No. 52
Friday, March 19, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR07OAR20210171; FRL10021
33Region 7

Air Plan Approval; Nebraska;
Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure Environmental Protection Agency.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve revisions to the State Implementation Plan SIP submitted by the State of Nebraska on September 24, 2020. This proposed action will amend the SIP to revise title 115 of the Nebraska Administrative Code Nebraska Rules of Practice and Procedure. Title 115
describes the procedures the Nebraska Department of Environment and Energy NDEE, formerly the Nebraska Department of Environmental Quality NDEQ, will follow for proceedings under the Administrative Procedure Act. These proceedings include contested cases, rulemaking petitions, and declaratory rulings among others. In addition, title 115 contains procedures related to submission and review of confidentiality claims for trade secrets, public hearing requirements for permits, and other fact-finding hearings not covered in other more program specific regulatory titles. These proposed changes consolidate five chapters into a single chapter by removing duplicative language and incorporating by reference model rules of agency procedure promulgated by the Attorney General for agency use in accordance with the Administrative Procedure Act. The proposed revisions also update language; renumber chapters; and make minor wording changes. The proposed changes do not substantively change any existing statutory or regulatory requirement or impact the stringency of the SIP or air quality, do not revise
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emission limits or procedures, nor do they impact the States ability to attain or maintain the National Ambient Air Quality Standards.
DATES: Comments must be received on or before April 19, 2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPAR07
OAR20210171 to https
www.regulations.gov. Follow the online instructions for submitting comments.
Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received will be posted without change to https
www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the Written Comments heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT:
William Stone, Environmental Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219;
telephone number: 913 5517714;
email address: stone.william@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our refer to the EPA.
Table of Contents I. Written Comments II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference VI. Statutory and Executive Order Reviews
I. Written Comments Submit your comments, identified by Docket ID No. EPAR07OAR2021
0171, at https www.regulations.gov.
Once submitted, comments cannot be edited or removed from Regulations.gov.
The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information CBI or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not
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consider comments or comment contents located outside of the primary submission i.e. on the web, cloud, or other file sharing system. For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this document?
EPA is proposing to amend Nebraskas SIP to include revisions to title 115 of the Nebraska Administrative Code. The EPA is proposing to approve revisions to the Nebraska SIP received on September 24, 2020. The revisions are to Title 115Nebraska Rules of Practice and Procedure. These revisions are described in detail in the technical support document TSD included in the docket for this action.
EPA is proposing approval of these revisions as they do not substantively change any existing statutory or regulatory requirement. These revisions do not impact the stringency of the SIP
or air quality.
III. 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 revisions from February 28, 2019, to April 2, 2019, and held a public hearing on April 3, 2019.
The state received no comments. As explained in more detail in the TSD
which is part of this docket, the SIP
revision submission meets the substantive requirements of the Clean Air Act CAA, including section 110
and implementing regulations.
IV. What action is the EPA taking?
The EPA is proposing to amend the Nebraska SIP by approving the States request to revise Title 115Nebraska Rules of Practice and Procedure.
Approval of these revisions will ensure consistency between state and federallyapproved rules. The EPA has determined that these changes will not adversely impact air quality.
The EPA is processing this as a proposed action because we are
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