Air Plan Approval; Nebraska; Revisions to Title 129 of the Nebraska Administrative Code; Chapter 39 Visible Emissions From Diesel-Powered Motor Vehicles

Edward H. Chu
Environmental Protection Agency
21 April 2021

[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Proposed Rules]
[Pages 20642-20643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08274]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / 
Proposed Rules

[[Page 20642]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0244; FRL-10022-55-Region 7]


Air Plan Approval; Nebraska; Revisions to Title 129 of the 
Nebraska Administrative Code; Chapter 39 Visible Emissions From Diesel-
Powered Motor Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) submitted by 
the State of Nebraska on July 16, 2020. This proposed action will amend 
the SIP to revise title 129 of the Nebraska Administrative Code by 
removing a portion of the SIP that addresses visible emissions from 
diesel-powered motor vehicles. Visible emissions from diesel-powered 
motor vehicles are addressed in the state statute. Therefore, these 
proposed revisions remove duplicative language that is redundant to the 
state statute. The proposed 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 State's ability to 
attain or maintain the National Ambient Air Quality Standards. The 
EPA's proposed approval of this rule revision is in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: Comments must be received on or before May 21, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2021-0244 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: Allie Donohue, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; email address: donohue.allie@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 the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2021-
0244, 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 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?

    The EPA is proposing to amend Nebraska's SIP to include revisions 
to title 129 of the Nebraska Administrative Code. The EPA is proposing 
to approve revisions to the Nebraska SIP submitted by the State of 
Nebraska on July 16, 2020. Specifically, the EPA is proposing to amend 
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 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.
    Nebraska statutes 60-6,363, 60-6,364, 60-6,365, and 60-6,367 
continue to provide the state of Nebraska the authority to use 
smokemeter tests and enforce against excessive opacity from diesel 
powered motor vehicles.\1\ Nebraska statute 60-6,363 defines diesel-
powered motor vehicle, motor vehicle, smoke, smokemeter, opacity, and 
smoke control systems. Nebraska Statute 60-6,364 lists exceptions to 
the definition of diesel-powered motor vehicles.
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    \1\ Nebraska state statutes can be found at https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=60.
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    Title 129, Chapter 39 states, ``No person shall operate a diesel-
powered motor vehicle on any public street or highway in such a manner 
that smoke discharged from the exhaust is of a shade or density equal 
to or darker than that designated as No. 1 on the Ringelmann Chart or 
an equivalent opacity of twenty percent (20%) for ten (10) consecutive 
seconds or longer.'' Nebraska statute 60-6,365 has the same 
requirements with the exclusion of the phrase, ``public street.'' EPA 
finds that this term does not impact the stringency of the SIP. Title 
129. Chapter 39 also states, ``A suspected violator may demand that the 
suspected vehicle be tested by an approved smokemeter prior to a trial 
on the alleged violation,'' which is also listed in Nebraska statute 
60-6,367 verbatim. Title 129. Chapter 39 states, ``smokemeter tests 
shall be conducted (a) by or under the supervision of a person or 
testing facility authorized by the Director to conduct such tests, and 
(b) by installing an approved smokemeter on the exhaust pipe and 
operating the suspected vehicle in a manner similar to the manner of 
operation at the time of the alleged violation.'' Nebraska statute 60-

[[Page 20643]]

6,367 repeats this statement but replaces the phrase ``in a manner 
similar to the manner of operation'' with the phrase ``at engine 
revolutions per minute equivalent to the engine revolution per 
minute.'' EPA finds that this change in phrasing does not impact the 
stringency of the SIP.
    Nebraska statutes 60-6,363, 60-6,364, 60-6,365, and 60-6,367 will 
continue to provide Nebraska the authority to use smokemeter tests and 
regulate visible emissions from diesel-powered motor vehicles. The SIP 
revision being proposed for approval by this action removes a redundant 
regulation from the SIP and does not have an adverse effect on air 
quality in Nebraska.

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 this 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.

IV. What action is the EPA taking?

    The EPA is proposing to amend the Nebraska SIP by approving the 
State's 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 federally-approved rules. The EPA 
has determined that these changes will not adversely impact air quality 
because the regulation duplicates the State's statute, which applies in 
the same jurisdiction.
    The EPA is processing this as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

V. Incorporation by Reference

    In this document, the EPA is proposing to amend regulatory text 
that includes incorporation by reference. As described in the proposed 
amendments to 40 CFR part 52 set forth below, the EPA is proposing to 
remove 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.

VI. 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. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the 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);
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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).
    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

    Dated: April 15, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart CC--Nebraska

0
2. In Sec.  52.1420, the table in paragraph (c) is amended by removing 
the entry ``129-39'' under the heading ``Title 129-Nebraska Air Quality 
Regulations''.

[FR Doc. 2021-08274 Filed 4-20-21; 8:45 am]
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