Air Plan Approval; Nebraska; Revisions to Title 115 of the Nebraska Administrative Code; Rules of Practice and Procedure

Publication Date: 
Friday, March 19, 2021 - 4:00am

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 emission limits or procedures, nor do they impact the State's ability to attain or maintain the National Ambient Air Quality Standards.

Environmental Protection Agency