82 FR 46417 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt Lake Counties
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 192 (October 5, 2017)
Federal Register Volume 82, Issue 192 (October 5, 2017)
| Page Range | 46417-46420 | |
| FR Document | 2017-21111 |
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)] [Rules and Regulations] [Pages 46417-46420] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21111] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2016-0620; FRL-9968-74-Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to Ozone Offset Requirements in Davis and Salt Lake Counties AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve State Implementation Plan (SIP) revisions submitted by the State of Utah on August 20, 2013, and on June 29, 2017. The submittals revise the portions of the Utah Administrative Code (UAC) that pertain to ozone offset requirements in Davis and Salt Lake Counties for major sources. This action is being taken under section 110 of the Clean Air Act (CAA) (Act). DATES: This final rule is effective on November 6, 2017. ADDRESSES: The EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2016-0620. All documents in the docket are listed on the http://www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]. SUPPLEMENTARY INFORMATION: I. Background On August 20, 2013, with supporting administrative documentation submitted on September 12, 2013, Utah sent the EPA revisions to their nonattainment permitting regulations, specifically to address EPA identified deficiencies in those regulations that may also affect the EPA's ability to approve Utah's fine particulate matter (PM2.5 ) SIP. These revisions addressed R307-403-1 (Purpose and Definitions), R307-403-2 (Applicability), R307-403-11 (Actual Plant-wide Applicability Limits (PALs)), and R307-420 (Ozone Offset Requirements in Davis and Salt Lake Counties). On June 2, 2016, the EPA entered into a consent decree with the Center for Biological Diversity, Center for Environmental Health, and Neighbors for Clean Air regarding a failure to act, pursuant to CAA sections 110(k)(2)-(4), on certain complete SIP submissions from states intended to address specific requirements related to the 2006 p.m.2.5 NAAQS for certain nonattainment areas, including the submittal from the Governor of Utah dated August 20, 2013. On February 3, 2017, the EPA published a final rulemaking (82 FR 9138) to conditionally approve the revisions in Utah's August 20, 2013 submittal, except for the revisions to R307-420. The submittal did not contain the appropriate supporting documentation required for the EPA to take action on R307-420. As a result, the EPA requested an extension for taking action on R307-420, and on December 20, 2016, the EPA was granted an extension which moved the deadline for taking final action on R307-420 from January 3, 2017, to September 29, 2017 (See docket). Utah submitted on June 29, 2017, an additional SIP revision that addresses the lack of appropriate supporting documentation for R307- 420. II. Response to Comments No comments were received on our July 14, 2017 notice of proposed rulemaking (82 FR 32517). III. Final Action The EPA is taking final action to approve Utah's revisions to R307- 420 and R307-403-6, as submitted on August 20, 2013, and June 29, 2017. R307-420 maintains the offset provisions of the nonattainment area new source review (NNSR) permitting program in Salt Lake and Davis Counties after the area is re-designated to attainment for ozone. R307-420 also establishes more stringent offset requirements for nitrogen oxides that may be triggered as a contingency measure under Utah's ozone maintenance plan. R307-420 was also modified to include the definitions and applicability provisions of R307-403 (Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas) to ensure that the definitions and applicability provisions in R307-420 are consistent with related permitting rules in R307-403. The EPA is taking final action to approve these revisions. On August 20, 2013, Utah submitted revisions to the definitions in the NNSR program that addressed certain deficiencies in the program. Utah also submitted revisions to the corresponding definitions in R307- 420. As explained in our proposed rulemaking published on July 14, 2017 (82 FR 32517), since the EPA had not received the 1999 rulemaking that created R307-420 as a SIP submittal, we were unable to take action on the revisions to R307-420 in our February 3, 2017 (82 FR 9138) final rulemaking for Utah's revisions to Nonattainment Permitting Regulations. Utah's June 29, 2017 submittal addressed this issue by submitting the 1999 rule revisions that created R307-420 and modified R307-403-6. As these rule revisions preserve the ozone maintenance plan requirements for offsets and contingency measures in Salt Lake and Davis Counties while improving the clarity of those requirements, we proposed to approve the 1999 rule revisions on July 14, 2017 (82 FR 32517). We also proposed to approve the remaining portion of the August 20, 2013 submittal. The EPA is taking final action to approve the subsequent revisions to R307-420, submitted on August 20, 2013, that Utah promulgated to ensure that the definitions and applicability provisions in R307-420 are consistent with related permitting rules in R307-403. For the reasons explained in our July 14, 2017 notice of proposed rulemaking, the definitions and applicability provisions in R307-403 are consistent with requirements for NNSR programs found in 40 CFR 51.165. While R307- 420 is part of the ozone maintenance plan for Salt Lake and Davis Counties and not part of the NNSR program, and therefore, not directly subject to the requirements in 40 CFR 51.165, we view the corresponding revisions to the definitions and applicability provisions as strengthening the maintenance plan. Specifically, the EPA is approving the [[Page 46418]] following revisions to Utah's nonattainment permitting regulations: Table 1--Revised Sections as Public Noticed in the Utah State Bulletin on March 1, 1999 (Submitted on June 29, 2017) ------------------------------------------------------------------------ ------------------------------------------------------------------------- Adds Section R307-420-1 (Purpose). Adds Section R307-420-2 (Definitions). Adds Section R307-420-3 (Applicability). Adds Section R307-420-4 (General Requirements). Adds Section R307-420-5 (Contingency Measure: Offsets for Oxides of Nitrogen). Revises Section R307-403-6 (Offsets: Ozone Nonattainment Areas and Davis and Salt Lake Counties). 1. Removes the phrase: ``and Davis and Salt Lake Counties'' from title. 2. Adds the phrase: ``In any ozone nonattainment area''. 3. Adds the phrase ``42 U.S.C. 7511a''. 4. Removes the language: ``As outlined in Section 182 of the federal Clean Air Act, for moderate areas, the emission offset ratio must be at least 1.15.1. (1) Ozone Maintenance Plan, Salt Lake and Davis Counties. In the event that the contingency measures described in Section IX, Part D.2.h.(3) of the State Implementation Plan are triggered, the offset requirement in (2) below shall apply to emissions of both volatile organic compounds and oxides of nitrogen. (2) The emission offset ratio must be at least 1.2.1, and offset must be obtained for the same pollutant for which the source or modification has been deemed ``major''. ------------------------------------------------------------------------ Table 2--Revised Sections Submitted on August 20, 2013 ------------------------------------------------------------------------ ------------------------------------------------------------------------- R307-420-1 (Purpose) the phrase: ``Except as provided in R307-420-2, the definitions in R307-403-1 apply to R307-420.'' R307-420-3 (Applicability) the new paragraph: (3) The applicability provision in R307-403-2(1)(a) through (f) and R307-403-2(2)(2) through (7) apply in R307-420.'' ------------------------------------------------------------------------ Please refer to the August 20, 2013 and June 29, 2017 submittal for further details on these revisions. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the UDAQ rules as described in the amendments to 40 CFR part 52 set forth in this document. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 8 office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the Clean Air Act, 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, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 in 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 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 Clean Air Act; and Does not provide the 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 the 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). 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 [[Page 46419]] of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 4, 2017. 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. This action may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 20, 2017. Suzanne J. Bohan, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended as follows: 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 TT--Utah 0 2. Section 52.2320, paragraph (c), is amended as follows: 0 a. Under the centered heading ``R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas'': 0 i. By revising the table entry for ``R307-403.'' 0 ii. By adding a table entry for ``R307-403-6'' in numerical order. 0 b. By adding a centered heading ``R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties'' and table entries for ``R307-420-1'', ``R307-420-2'', ``R307-420-3'', ``R307-420-4'', and ``R307-420-5'' in numerical order. The revision and additions read as follows: Sec. 52.2320 Identification of plan. * * * * * (c) * * * ---------------------------------------------------------------------------------------------------------------- State effective Final rule Rule No. Rule title date citation, date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- R307-403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas ---------------------------------------------------------------------------------------------------------------- R307-403.................. Permits: New and 9/15/1998 71 FR 7679, 2/14/ Except for R307-403-1, Modified Sources 2006. R307-403-2, R307-403- in Nonattainment 6, R307-403-10, R307- Areas and 403-11. Maintenance Areas. * * * * * * * R307-403-6................ Offsets: Ozone 9/15/1998 [insert Federal ....................... Nonattainment Register Areas. citation], 10/5/ 2017. * * * * * * * ---------------------------------------------------------------------------------------------------------------- R307-420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr R307-420-1................ Purpose........... 3/1/1999, 7/1/2013 [insert Federal ....................... Register citation], 10/5/ 2017. R307-420-2................ Definitions....... 3/1/1999, 7/1/2013 [insert Federal ....................... Register citation], 10/5/ 2017. R307-420-3................ Applicability..... 3/1/1999, 7/1/2013 [insert Federal ....................... Register citation], 10/5/ 2017. R307-420-4................ General 3/1/1999, 7/1/2013 [insert Federal ....................... Requirements. Register citation], 10/5/ 2017. R307-420-5................ Contingency 3/1/1999, 7/1/2013 [insert Federal ....................... Measure: Offsets Register for Oxides of citation], 10/5/ Nitrogen. 2017. ---------------------------------------------------------------------------------------------------------------- [[Page 46420]] * * * * * [FR Doc. 2017-21111 Filed 10-4-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46417
* * * * * 1129, (303) 312–6227, leone.kevin@ to attainment for ozone. R307–420 also
[FR Doc. 2017–21379 Filed 10–4–17; 8:45 am] epa.gov. establishes more stringent offset
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION: requirements for nitrogen oxides that
may be triggered as a contingency
I. Background measure under Utah’s ozone
ENVIRONMENTAL PROTECTION On August 20, 2013, with supporting maintenance plan. R307–420 was also
AGENCY administrative documentation modified to include the definitions and
submitted on September 12, 2013, Utah applicability provisions of R307–403
40 CFR Part 52 (Permits: New and Modified Sources in
sent the EPA revisions to their
[EPA–R08–OAR–2016–0620; FRL–9968–74– nonattainment permitting regulations, Nonattainment Areas and Maintenance
Region 8] specifically to address EPA identified Areas) to ensure that the definitions and
deficiencies in those regulations that applicability provisions in R307–420 are
Approval and Promulgation of Air may also affect the EPA’s ability to consistent with related permitting rules
Quality Implementation Plans; State of approve Utah’s fine particulate matter in R307–403. The EPA is taking final
Utah; Revisions to Ozone Offset (PM2.5) SIP. These revisions addressed action to approve these revisions.
Requirements in Davis and Salt Lake R307–403–1 (Purpose and Definitions), On August 20, 2013, Utah submitted
Counties R307–403–2 (Applicability), R307–403– revisions to the definitions in the NNSR
11 (Actual Plant-wide Applicability program that addressed certain
AGENCY: Environmental Protection Limits (PALs)), and R307–420 (Ozone deficiencies in the program. Utah also
Agency. Offset Requirements in Davis and Salt submitted revisions to the
ACTION: Final rule. Lake Counties). On June 2, 2016, the corresponding definitions in R307–420.
EPA entered into a consent decree with As explained in our proposed
SUMMARY: The Environmental Protection the Center for Biological Diversity, rulemaking published on July 14, 2017
Agency (EPA) is taking final action to Center for Environmental Health, and (82 FR 32517), since the EPA had not
approve State Implementation Plan Neighbors for Clean Air regarding a received the 1999 rulemaking that
(SIP) revisions submitted by the State of failure to act, pursuant to CAA sections created R307–420 as a SIP submittal, we
Utah on August 20, 2013, and on June 110(k)(2)–(4), on certain complete SIP were unable to take action on the
29, 2017. The submittals revise the submissions from states intended to revisions to R307–420 in our February
portions of the Utah Administrative address specific requirements related to 3, 2017 (82 FR 9138) final rulemaking
Code (UAC) that pertain to ozone offset the 2006 p.m.2.5 NAAQS for certain for Utah’s revisions to Nonattainment
requirements in Davis and Salt Lake nonattainment areas, including the Permitting Regulations.
Counties for major sources. This action submittal from the Governor of Utah Utah’s June 29, 2017 submittal
is being taken under section 110 of the dated August 20, 2013. addressed this issue by submitting the
Clean Air Act (CAA) (Act). On February 3, 2017, the EPA 1999 rule revisions that created R307–
DATES: This final rule is effective on published a final rulemaking (82 FR 420 and modified R307–403–6. As these
November 6, 2017. 9138) to conditionally approve the rule revisions preserve the ozone
ADDRESSES: The EPA has established a revisions in Utah’s August 20, 2013 maintenance plan requirements for
docket for this action under Docket submittal, except for the revisions to offsets and contingency measures in Salt
Identification Number EPA–R08–OAR– R307–420. The submittal did not Lake and Davis Counties while
2016–0620. All documents in the docket contain the appropriate supporting improving the clarity of those
are listed on the http:// documentation required for the EPA to requirements, we proposed to approve
www.regulations.gov index. Although take action on R307–420. As a result,
the 1999 rule revisions on July 14, 2017
listed in the index, some information the EPA requested an extension for
(82 FR 32517). We also proposed to
may not be publicly available, e.g., taking action on R307–420, and on
approve the remaining portion of the
Confidential Business Information or December 20, 2016, the EPA was
August 20, 2013 submittal.
other information whose disclosure is granted an extension which moved the
deadline for taking final action on The EPA is taking final action to
restricted by statute. Certain other approve the subsequent revisions to
material, such as copyrighted material, R307–420 from January 3, 2017, to
September 29, 2017 (See docket). Utah R307–420, submitted on August 20,
will be publicly available only in hard 2013, that Utah promulgated to ensure
copy. Publicly available docket submitted on June 29, 2017, an
additional SIP revision that addresses that the definitions and applicability
materials are available either provisions in R307–420 are consistent
electronically through http:// the lack of appropriate supporting
documentation for R307–420. with related permitting rules in R307–
www.regulations.gov or in hard copy at 403. For the reasons explained in our
the Air Program, Environmental II. Response to Comments July 14, 2017 notice of proposed
Protection Agency (EPA), Region 8, No comments were received on our rulemaking, the definitions and
1595 Wynkoop Street, Denver, Colorado July 14, 2017 notice of proposed applicability provisions in R307–403 are
80202–1129. The EPA requests that you rulemaking (82 FR 32517). consistent with requirements for NNSR
contact the individual listed in the FOR programs found in 40 CFR 51.165.
FURTHER INFORMATION CONTACT section to III. Final Action While R307–420 is part of the ozone
view the hard copy of the docket. You The EPA is taking final action to maintenance plan for Salt Lake and
may view the hard copy of the docket approve Utah’s revisions to R307–420 Davis Counties and not part of the
Monday through Friday, 8:00 a.m. to and R307–403–6, as submitted on NNSR program, and therefore, not
ethrower on DSK3G9T082PROD with RULES
4:00 p.m., excluding federal holidays. August 20, 2013, and June 29, 2017. directly subject to the requirements in
FOR FURTHER INFORMATION CONTACT: R307–420 maintains the offset 40 CFR 51.165, we view the
Kevin Leone, Air Program, U.S. provisions of the nonattainment area corresponding revisions to the
Environmental Protection Agency, new source review (NNSR) permitting definitions and applicability provisions
Region 8, Mailcode 8P–AR, 1595 program in Salt Lake and Davis as strengthening the maintenance plan.
Wynkoop, Denver, Colorado 80202– Counties after the area is re-designated Specifically, the EPA is approving the
VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1](https://thefederalregister.org/doc/82_FR_46609/page/1.svg)
![Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46419
of the United States. The EPA will enforce its requirements. (See CAA Subpart TT—Utah
submit a report containing this action section 307(b)(2)).
and other required information to the ■ 2. Section 52.2320, paragraph (c), is
List of Subjects in 40 CFR Part 52
U.S. Senate, the U.S. House of amended as follows:
Representatives, and the Comptroller Environmental protection, Air ■ a. Under the centered heading ‘‘R307–
General of the United States prior to pollution control, Carbon monoxide, 403. Permits: New and Modified
publication of the rule in the Federal Intergovernmental relations,
Register. A major rule cannot take effect Sources in Nonattainment Areas and
Incorporation by reference, Lead, Maintenance Areas’’:
until 60 days after it is published in the Nitrogen dioxide, Ozone, Particulate
Federal Register. This action is not a ■ i. By revising the table entry for
matter, Reporting and recordkeeping
‘‘major rule’’ as defined by 5 U.S.C. requirements, Sulfur oxides, Volatile ‘‘R307–403.’’
804(2). organic compounds. ■ ii. By adding a table entry for ‘‘R307–
Under section 307(b)(1) of the Clean 403–6’’ in numerical order.
Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq.
■ b. By adding a centered heading
this action must be filed in the United Dated: September 20, 2017.
‘‘R307–420. Permits: Ozone Offset
States Court of Appeals for the Suzanne J. Bohan,
appropriate circuit by December 4, Requirements in Davis and Salt Lake
Acting Regional Administrator, Region 8. Counties’’ and table entries for ‘‘R307–
2017. Filing a petition for
reconsideration by the Administrator of 40 CFR part 52 is amended as follows: 420–1’’, ‘‘R307–420–2’’, ‘‘R307–420–3’’,
this final rule does not affect the finality ‘‘R307–420–4’’, and ‘‘R307–420–5’’ in
of this action for the purposes of judicial PART 52—APPROVAL AND numerical order.
review nor does it extend the time PROMULGATION OF The revision and additions read as
within which a petition for judicial IMPLEMENTATION PLANS follows:
review may be filed, and shall not
■ 1. The authority citation for part 52 § 52.2320 Identification of plan.
postpone the effectiveness of such rule
or action. This action may not be continues to read as follows: * * * * *
challenged later in proceedings to Authority: 42 U.S.C. 7401 et seq. (c) * * *
Final rule
Rule No. Rule title State effective date Comments
citation, date
* * * * * * *
R307–403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas
R307–403 ............ Permits: New and 9/15/1998 71 FR 7679, 2/14/2006 Except for R307–403–1, R307–403–2, R307–
Modified Sources in 403–6, R307–403–10, R307–403–11.
Nonattainment Areas
and Maintenance
Areas.
* * * * * * *
R307–403–6 ........ Offsets: Ozone Non- 9/15/1998 [insert Federal Reg-
attainment Areas. ister citation], 10/5/
2017.
* * * * * * *
R307–420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties
R307–420–1 ........ Purpose ........................ 3/1/1999, 7/1/2013 [insert Federal Reg-
ister citation], 10/5/
2017.
R307–420–2 ........ Definitions .................... 3/1/1999, 7/1/2013 [insert Federal Reg-
ister citation], 10/5/
2017.
R307–420–3 ........ Applicability .................. 3/1/1999, 7/1/2013 [insert Federal Reg-
ister citation], 10/5/
2017.
R307–420–4 ........ General Requirements 3/1/1999, 7/1/2013 [insert Federal Reg-
ister citation], 10/5/
2017.
R307–420–5 ........ Contingency Measure: 3/1/1999, 7/1/2013 [insert Federal Reg-
ethrower on DSK3G9T082PROD with RULES
Offsets for Oxides of ister citation], 10/5/
Nitrogen. 2017.
VerDate Sep<11>2014 17:25 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1](https://thefederalregister.org/doc/82_FR_46609/page/3.svg)
![46420 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations
* * * * * Once submitted, comments cannot be Emissions; Limits and Standards’’ and
[FR Doc. 2017–21111 Filed 10–4–17; 8:45 am] edited or removed from Regulations.gov. chapter 18 ‘‘New Performance
BILLING CODE 6560–50–P The EPA may publish any comment Standards’’. The final chapter, chapter
received to its public docket. Do not 28 ‘‘Hazardous Air Pollutants;
submit electronically any information Emissions Standards’’, submitted as part
ENVIRONMENTAL PROTECTION you consider to be Confidential of the July 14, 2014, SIP submission, is
AGENCY Business Information (CBI) or other not approved in the Nebraska SIP and
information whose disclosure is therefore EPA will take no further action
40 CFR Parts 52 and 70 restricted by statute. Multimedia for this chapter.
[EPA–R07–OAR–2017–0485; FRL–9968–78– submissions (audio, video, etc.) must be EPA is approving revisions to the
Region 7] accompanied by a written comment. Nebraska SIP and Operating Permits
The written comment is considered the Program in title 129, chapter 1
Approval of Nebraska’s Air Quality official comment and should include ‘‘Definitions’’. The definition of VOC
Implementation Plan, Operating discussion of all points you wish to contained in section 160 of chapter 1
Permits Program, and 112(l) Program; make. The EPA will generally not ‘‘Definitions’’ is being revised.
Revision to Nebraska Administrative consider comments or comment Specifically, section 160 of chapter 1
Code contents located outside of the primary contains a definition of VOC that
AGENCY: Environmental Protection submission (i.e. on the web, cloud, or provides exceptions to the definition
other file sharing system). For based upon a list of organic compounds,
Agency (EPA).
additional submission methods, the full which have been determined to have
ACTION: Direct final rule.
EPA public comment policy, negligible photochemical reactivity.
SUMMARY: The Environmental Protection information about CBI or multimedia Because it is difficult to stay current in
Agency (EPA) is approving revisions to submissions, and general guidance on regard to the list of compounds, the
the State Implementation Plan (SIP), making effective comments, please visit revision EPA is approving removes the
Operating Permits Program, and 112(l) https://www2.epa.gov/dockets/ list at section 160, and references the
program submitted on July 14, 2014, by commenting-epa-dockets. list contained in the Code of Federal
the State of Nebraska. This action Regulations at 40 CFR 51.100(s)(1) and
FOR FURTHER INFORMATION CONTACT: Greg
amends the SIP to revise two chapters, (5). In addition, revisions to chapter 1,
Crable, Environmental Protection
‘‘Definitions’’ and ‘‘Operating Permit section 139, are being made to the SIP
Agency, Air Planning and Development
Modifications; Reopening for Cause’’. and the Operating Permits Program to
Branch, 11201 Renner Boulevard,
Specifically, these revisions incorporate change the notification requirements for
Lenexa, Kansas 66219 at (913) 551–
by reference the list of organic ‘‘Section 502(b)(10) changes’’ to require
7391, or by email at crable.gregory@
compounds exempt from the definition facilities to provide written notification
epa.gov.
of volatile organic compound (VOC) at least 7 days in advance, rather than
SUPPLEMENTARY INFORMATION: 30 days. This revision makes the
found in the Code of Federal
Throughout this document ‘‘we,’’ ‘‘us,’’ notification requirements consistent
Regulations; notification requirements
and ‘‘our’’ refer to EPA. This section with the Federal operating permit
for the operating permit program are
provides additional information by program requirements. In addition,
being amended to be consistent with the
addressing the following: Nebraska requested revisions to the
Federal operating permit program
requirements; the definition of ‘‘solid I. What is being addressed in this document? definition of ‘‘solid waste’’ at chapter 1,
waste’’ is being revised by the state, II. Have the requirements for approval of a section 144, to make it consistent with
however, because the state’s definition SIP revision been met? the definition of ‘‘solid waste’’ included
III. What action is EPA taking? in the Nebraska Environmental
is inconsistent with the Federal IV. Incorporation by Reference Protection Act and other applicable
definition, EPA is not approving this V. Statutory and Executive Order Reviews regulations in Nebraska.1 Neb. Rev. Stat.
definition into the SIP. Finally, the state
I. What is being addressed in this 81–1502(26). The definition as proposed
is extending the process of ‘‘off-permit
document? by the Nebraska Department of
changes’’ to Class I operating permits.
Environmental Quality (NDEQ) is not
Additional grammatical and editorial Nebraska’s July 14, 2014, submission consistent with the definition of ‘‘solid
changes are being made in this revision. requested revisions to seven chapters of waste’’ in Federal law and regulations.
Approval of these revisions will not ‘‘Title 129—Nebraska Air Quality Therefore, EPA is not approving
impact air quality, ensures consistency Regulations’’. This action will amend Nebraska’s proposed revision to the
between the State and Federally- the SIP to include revisions to two of definition of ‘‘solid waste’’ into the State
approved rules, and ensures Federal those chapters, title 129 of the Nebraska Implementation Plan or Operating
enforceability of the State’s rules. Administrative Code, chapter 1 Permits Program. Finally, other
DATES: This direct final rule will be ‘‘Definitions’’, and chapter 15 grammatical and numerical edits are
effective December 4, 2017, without ‘‘Operating Permit Modifications; being made in this chapter.
further notice, unless EPA receives Reopening for Cause’’. Of the remaining EPA is approving revisions to the
adverse comment by November 6, 2017. five chapters, EPA previously approved Nebraska SIP, Operating Permits
If EPA receives adverse comment, we revisions to two of the chapters in Program and 112(l) program for chapter
will publish a timely withdrawal of the separate direct final rulemakings 15 ‘‘Operating Permit Modifications;
direct final rule in the Federal Register published in the Federal Register. Reopening for Cause’’, which extends
informing the public that the rule will Chapter 4, ‘‘Ambient Air Quality
ethrower on DSK3G9T082PROD with RULES
‘‘off-permit changes’’ to Class I and II
not take effect. Standards’’ was approved on October
ADDRESSES: Submit your comments, 11, 2016, and chapter 34 ‘‘Emission 1 The definition of ‘‘solid waste’’ in the Nebraska
identified by Docket ID No. EPA–R07– Sources; Testing; Monitoring’’ was Environmental Protection Act was updated in 2013
as a result of Legislative Bill 203 to exclude ‘‘slag’’
OAR–2017–0485, to https:// approved on October 7, 2016. EPA will from the definition. This revision further clarifies
www.regulations.gov. Follow the online take action separately on two other that ‘‘slag’’ is a by-product of value and therefore
instructions for submitting comments. chapters, chapter 20 ‘‘Particulate is excluded from the definition of ‘‘solid waste.’’
VerDate Sep<11>2014 16:56 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1](https://thefederalregister.org/doc/82_FR_46609/page/4.svg)
Document Created: 2017-10-05 00:53:47
Document Modified: 2017-10-05 00:53:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on November 6, 2017. | |
| Contact | Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, [email protected] | |
| FR Citation | 82 FR 46417 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Intergovernmental Relations; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR