82_FR_46612 82 FR 46420 - Approval of Nebraska's Air Quality Implementation Plan, Operating Permits Program, and 112(l) Program; Revision to Nebraska Administrative Code

82 FR 46420 - Approval of Nebraska's Air Quality Implementation Plan, Operating Permits Program, and 112(l) Program; Revision to Nebraska Administrative Code

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range46420-46422
FR Document2017-21383

The Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP), Operating Permits Program, and 112(l) program submitted on July 14, 2014, by the State of Nebraska. This action amends the SIP to revise two chapters, ``Definitions'' and ``Operating Permit Modifications; Reopening for Cause''. Specifically, these revisions incorporate by reference the list of organic compounds exempt from the definition of volatile organic compound (VOC) found in the Code of Federal Regulations; notification requirements for the operating permit program are being amended to be consistent with the Federal operating permit program requirements; the definition of ``solid waste'' is being revised by the state, however, because the state's definition is inconsistent with the Federal definition, EPA is not approving this definition into the SIP. Finally, the state is extending the process of ``off-permit changes'' to Class I operating permits. Additional grammatical and editorial changes are being made in this revision. Approval of these revisions will not impact air quality, ensures consistency between the State and Federally-approved rules, and ensures Federal enforceability of the State's rules.

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46420-46422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21383]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2017-0485; FRL-9968-78-Region 7]


Approval of Nebraska's Air Quality Implementation Plan, Operating 
Permits Program, and 112(l) Program; Revision to Nebraska 
Administrative Code

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the State Implementation Plan (SIP), Operating Permits 
Program, and 112(l) program submitted on July 14, 2014, by the State of 
Nebraska. This action amends the SIP to revise two chapters, 
``Definitions'' and ``Operating Permit Modifications; Reopening for 
Cause''. Specifically, these revisions incorporate by reference the 
list of organic compounds exempt from the definition of volatile 
organic compound (VOC) found in the Code of Federal Regulations; 
notification requirements for the operating permit program are being 
amended to be consistent with the Federal operating permit program 
requirements; the definition of ``solid waste'' is being revised by the 
state, however, because the state's definition is inconsistent with the 
Federal definition, EPA is not approving this definition into the SIP. 
Finally, the state is extending the process of ``off-permit changes'' 
to Class I operating permits. Additional grammatical and editorial 
changes are being made in this revision. Approval of these revisions 
will not impact air quality, ensures consistency between the State and 
Federally-approved rules, and ensures Federal enforceability of the 
State's rules.

DATES: This direct final rule will be effective December 4, 2017, 
without further notice, unless EPA receives adverse comment by November 
6, 2017. If EPA receives adverse comment, we will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2017-0485, to https://www.regulations.gov. Follow the online 
instructions for submitting comments. 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7391, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    Nebraska's July 14, 2014, submission requested revisions to seven 
chapters of ``Title 129--Nebraska Air Quality Regulations''. This 
action will amend the SIP to include revisions to two of those 
chapters, title 129 of the Nebraska Administrative Code, chapter 1 
``Definitions'', and chapter 15 ``Operating Permit Modifications; 
Reopening for Cause''. Of the remaining five chapters, EPA previously 
approved revisions to two of the chapters in separate direct final 
rulemakings published in the Federal Register. Chapter 4, ``Ambient Air 
Quality Standards'' was approved on October 11, 2016, and chapter 34 
``Emission Sources; Testing; Monitoring'' was approved on October 7, 
2016. EPA will take action separately on two other chapters, chapter 20 
``Particulate Emissions; Limits and Standards'' and chapter 18 ``New 
Performance Standards''. The final chapter, chapter 28 ``Hazardous Air 
Pollutants; Emissions Standards'', submitted as part of the July 14, 
2014, SIP submission, is not approved in the Nebraska SIP and therefore 
EPA will take no further action for this chapter.
    EPA is approving revisions to the Nebraska SIP and Operating 
Permits Program in title 129, chapter 1 ``Definitions''. The definition 
of VOC contained in section 160 of chapter 1 ``Definitions'' is being 
revised. Specifically, section 160 of chapter 1 contains a definition 
of VOC that provides exceptions to the definition based upon a list of 
organic compounds, which have been determined to have negligible 
photochemical reactivity. Because it is difficult to stay current in 
regard to the list of compounds, the revision EPA is approving removes 
the list at section 160, and references the list contained in the Code 
of Federal Regulations at 40 CFR 51.100(s)(1) and (5). In addition, 
revisions to chapter 1, section 139, are being made to the SIP and the 
Operating Permits Program to change the notification requirements for 
``Section 502(b)(10) changes'' to require facilities to provide written 
notification at least 7 days in advance, rather than 30 days. This 
revision makes the notification requirements consistent with the 
Federal operating permit program requirements. In addition, Nebraska 
requested revisions to the definition of ``solid waste'' at chapter 1, 
section 144, to make it consistent with the definition of ``solid 
waste'' included in the Nebraska Environmental Protection Act and other 
applicable regulations in Nebraska.\1\ Neb. Rev. Stat. 81-1502(26). The 
definition as proposed by the Nebraska Department of Environmental 
Quality (NDEQ) is not consistent with the definition of ``solid waste'' 
in Federal law and regulations. Therefore, EPA is not approving 
Nebraska's proposed revision to the definition of ``solid waste'' into 
the State Implementation Plan or Operating Permits Program. Finally, 
other grammatical and numerical edits are being made in this chapter.
---------------------------------------------------------------------------

    \1\ The definition of ``solid waste'' in the Nebraska 
Environmental Protection Act was updated in 2013 as a result of 
Legislative Bill 203 to exclude ``slag'' from the definition. This 
revision further clarifies that ``slag'' is a by-product of value 
and therefore is excluded from the definition of ``solid waste.''
---------------------------------------------------------------------------

    EPA is approving revisions to the Nebraska SIP, Operating Permits 
Program and 112(l) program for chapter 15 ``Operating Permit 
Modifications; Reopening for Cause'', which extends ``off-permit 
changes'' to Class I and II

[[Page 46421]]

operating permits as allowed under the Federal program. Section 007 of 
chapter 15 is being revised and updated allowing changes within a 
permitted facility without a permit revision if the change meets 
certain specified criteria. The revised process allows certain minor 
revisions to be made without requiring all applicable administrative 
procedures for full permit issuance. These changes ensure that chapter 
15 conforms to applicable Federal regulations. Finally, revisions to 
chapter 15 amend the minimum number of days to submit a written 
notification of a change from thirty days to seven days under certain 
circumstances when changing Class I and II operating permits, and makes 
various grammatical revisions for clarity and consistency purposes.

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 
revised chapters were placed on public notice and a public hearing was 
held by the State on January 6, 2014, where no comments were received. 
In addition, as explained in this preamble, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

III. What action is EPA taking?

    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. EPA does not anticipate adverse comment because the 
revisions to the existing rules are routine and consistent with the 
Federal regulations, thereby, strengthening the SIP. However, in the 
``Proposed Rules'' section of this Federal Register, we are publishing 
a separate document that will serve as the proposed rule to revise 
title 129, chapters 1 and 15. If adverse comments are received on this 
direct final rule, we will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document. Should EPA receive adverse comment 
on part of this rule and if that part can be severed from the remainder 
of the rule, EPA may adopt as final those parts of the rule that are 
not the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Nebraska 
Regulations described in the direct final amendments to 40 CFR part 52 
set forth below. EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 7 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 EPA for inclusion 
in the State implementation plan, have been incorporated by reference 
by 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 EPA's approval, and will be incorporated by reference by the 
Director of the Federal Register in the next update to the SIP 
compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). This action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rulemaking will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rulemaking would approve pre-existing requirements under 
state law and does not impose any additional enforceable duty beyond 
that required by state law, it 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).
    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).
    This action also does not have Federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). Thus Executive Order 13132 does not apply to this action. 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This rulemaking also 
is not subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) because it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5 
CFR 1320.3(b).
    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 of the 
United States. EPA will submit a report containing this rule 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

[[Page 46422]]

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 CAA, 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 rule 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. 
Parties with objections to this direct final rule are encouraged to 
file a comment in response to the parallel notice of proposed 
rulemaking for this action published in the proposed rules section of 
this Federal Register, rather than file an immediate petition for 
judicial review of this direct final rule, so that EPA can withdraw 
this direct final rule and address the comment in the final rulemaking. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: September 25, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 70 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. Amend Sec.  52.1420(c) by revising ``129-1'' and ``129-15'' to read 
as follows:


Sec.  52.1420  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
     Nebraska citation               Title         effective date   EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                                State of Nebraska
----------------------------------------------------------------------------------------------------------------
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1......................  Definitions.........         5/13/14  10/5/17, [Insert     The proposed definition
                                                                    Federal Register     of ``solid waste'' is
                                                                    citation].           not approved into the
                                                                                         SIP. The second
                                                                                         sentence beginning at
                                                                                         ``Solid waste'' and
                                                                                         ending at ``discarded
                                                                                         material'', is not
                                                                                         approved into the SIP.
 
                                                  * * * * * * *
129-15.....................  Operating Permit             5/13/14  10/5/17, [Insert
                              Modifications;                        Federal Register
                              Reopening for Cause.                  citation].
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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


0
4. Amend appendix A to part 70 by adding new paragraph (o) under 
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department'' 
to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Nebraska; City of Omaha; Lincoln-Lancaster County Health Department

* * * * *
    (o) The Nebraska Department of Environmental Quality submitted 
revisions to the Nebraska Administrative Code, title 129, chapter 1, 
``Definitions'' and chapter 15, ``Operating Permit Modifications; 
Reopening for Cause'' on July 14, 2014. The state effective date is 
May 13, 2014. This revision is effective December 4, 2017.
* * * * *
[FR Doc. 2017-21383 Filed 10-4-17; 8:45 am]
BILLING CODE 6560-50-P



                                             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


                                                              Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations                                        46421

                                             operating permits as allowed under the                  IV. Incorporation by Reference                        country, the rule does not have tribal
                                             Federal program. Section 007 of chapter                   In this rule, EPA is finalizing                     implications and will not impose
                                             15 is being revised and updated                         regulatory text that includes                         substantial direct costs on tribal
                                             allowing changes within a permitted                     incorporation by reference. In                        governments or preempt tribal law as
                                             facility without a permit revision if the               accordance with requirements of 1 CFR                 specified by Executive Order 13175 (65
                                             change meets certain specified criteria.                                                                      FR 67249, November 9, 2000).
                                                                                                     51.5, EPA is finalizing the incorporation
                                             The revised process allows certain                                                                               This action also does not have
                                                                                                     by reference of Nebraska Regulations
                                             minor revisions to be made without                                                                            Federalism implications because it does
                                                                                                     described in the direct final                         not have substantial direct effects on the
                                             requiring all applicable administrative                 amendments to 40 CFR part 52 set forth
                                             procedures for full permit issuance.                                                                          States, on the relationship between the
                                                                                                     below. EPA has made, and will continue                national government and the States, or
                                             These changes ensure that chapter 15                    to make, these materials generally
                                             conforms to applicable Federal                                                                                on the distribution of power and
                                                                                                     available through www.regulations.gov                 responsibilities among the various
                                             regulations. Finally, revisions to chapter              and/or at the EPA Region 7 Office
                                             15 amend the minimum number of days                                                                           levels of government, as specified in
                                                                                                     (please contact the person identified in              Executive Order 13132 (64 FR 43255,
                                             to submit a written notification of a                   the FOR FURTHER INFORMATION CONTACT
                                             change from thirty days to seven days                                                                         August 10, 1999). Thus Executive Order
                                                                                                     section of this preamble for more                     13132 does not apply to this action.
                                             under certain circumstances when                        information).
                                             changing Class I and II operating                                                                             This action merely approves a state rule
                                                                                                       Therefore, these materials have been                implementing a Federal standard, and
                                             permits, and makes various grammatical                  approved by EPA for inclusion in the
                                             revisions for clarity and consistency                                                                         does not alter the relationship or the
                                                                                                     State implementation plan, have been                  distribution of power and
                                             purposes.                                               incorporated by reference by EPA into                 responsibilities established in the CAA.
                                             II. Have the requirements for approval                  that plan, are fully Federally enforceable            This rulemaking also is not subject to
                                             of a SIP revision been met?                             under sections 110 and 113 of the CAA                 Executive Order 13045, ‘‘Protection of
                                                                                                     as of the effective date of the final                 Children from Environmental Health
                                               The state submission has met the                      rulemaking of EPA’s approval, and will                Risks and Safety Risks’’ (62 FR 19885,
                                             public notice requirements for SIP                      be incorporated by reference by the                   April 23, 1997) because it approves a
                                             submissions in accordance with 40 CFR                   Director of the Federal Register in the               state rule implementing a Federal
                                             51.102. The submission also satisfied                   next update to the SIP compilation.2                  standard.
                                             the completeness criteria of 40 CFR part                V. Statutory and Executive Order                         In reviewing SIP submissions, EPA’s
                                             51, appendix V. The revised chapters                    Reviews                                               role is to approve state choices,
                                             were placed on public notice and a                                                                            provided that they meet the criteria of
                                             public hearing was held by the State on                    Under Executive Order 12866 (58 FR                 the CAA. In this context, in the absence
                                             January 6, 2014, where no comments                      51735, October 4, 1993), this action is               of a prior existing requirement for the
                                             were received. In addition, as explained                not a ‘‘significant regulatory action’’ and           State to use voluntary consensus
                                             in this preamble, the revision meets the                therefore is not subject to review under              standards (VCS), EPA has no authority
                                             substantive SIP requirements of the                     Executive Orders 12866 and 13563 (76                  to disapprove a state submission for
                                             CAA, including section 110 and                          FR 3821, January 21, 2011). This action               failure to use VCS. It would thus be
                                             implementing regulations.                               is also not subject to Executive Order                inconsistent with applicable law for
                                                                                                     13211, ‘‘Actions Concerning Regulations               EPA when it reviews a state submission,
                                             III. What action is EPA taking?                         That Significantly Affect Energy Supply,              to use VCS in place of a state
                                                                                                     Distribution, or Use’’ (66 FR 28355, May              submission that otherwise satisfies the
                                                We are publishing this direct final                  22, 2001). This action merely approves                provisions of the CAA. Thus, the
                                             rule without a prior proposed rule                      state law as meeting Federal                          requirements of section 12(d) of the
                                             because we view this as a                               requirements and imposes no additional                National Technology Transfer and
                                             noncontroversial action and anticipate                  requirements beyond those imposed by                  Advancement Act of 1995 (15 U.S.C.
                                             no adverse comment. EPA does not                        state law. Accordingly, the                           272 note) do not apply. This action does
                                             anticipate adverse comment because the                  Administrator certifies that this                     not impose an information collection
                                             revisions to the existing rules are                     rulemaking will not have a significant                burden under the provisions of the
                                             routine and consistent with the Federal                 economic impact on a substantial                      Paperwork Reduction Act of 1995 (44
                                             regulations, thereby, strengthening the                 number of small entities under the                    U.S.C. 3501 et seq.). Burden is defined
                                             SIP. However, in the ‘‘Proposed Rules’’                 Regulatory Flexibility Act (5 U.S.C. 601              at 5 CFR 1320.3(b).
                                             section of this Federal Register, we are                et seq.). Because this rulemaking would                  The Congressional Review Act, 5
                                             publishing a separate document that                     approve pre-existing requirements                     U.S.C. 801 et seq., as added by the Small
                                             will serve as the proposed rule to revise               under state law and does not impose                   Business Regulatory Enforcement
                                             title 129, chapters 1 and 15. If adverse                any additional enforceable duty beyond                Fairness Act of 1996, generally provides
                                             comments are received on this direct                    that required by state law, it does not               that before a rule may take effect, the
                                             final rule, we will not institute a second              contain any unfunded mandate or                       agency promulgating the rule must
                                             comment period on this action. Any                      significantly or uniquely affect small                submit a rule report, which includes a
                                             parties interested in commenting must                   governments, as described in the                      copy of the rule, to each House of the
                                             do so at this time. For further                         Unfunded Mandates Reform Act of 1995                  Congress and to the Comptroller General
                                             information about commenting on this                    (Pub. L. 104–4).                                      of the United States. EPA will submit a
                                             rule, see the ADDRESSES section of this                                                                       report containing this rule and other
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                                                                                                        The SIP is not approved to apply on
                                             document. Should EPA receive adverse                    any Indian reservation land or in any                 required information to the U.S. Senate,
                                             comment on part of this rule and if that                other area where EPA or an Indian tribe               the U.S. House of Representatives, and
                                             part can be severed from the remainder                  has demonstrated that a tribe has                     the Comptroller General of the United
                                             of the rule, EPA may adopt as final                     jurisdiction. In those areas of Indian                States prior to publication of the rule in
                                             those parts of the rule that are not the                                                                      the Federal Register. A major rule
                                             subject of an adverse comment.                            2 62   FR 27968 (May 22, 1997).                     cannot take effect until 60 days after it


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                                             46422               Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations

                                             is published in the Federal Register.                                 EPA can withdraw this direct final rule                       Dated: September 25, 2017.
                                             This action is not a ‘‘major rule’’ as                                and address the comment in the final                        Cathy Stepp,
                                             defined by 5 U.S.C. 804(2).                                           rulemaking. This action may not be                          Acting Regional Administrator, Region 7.
                                                Under section 307(b)(1) of the CAA,                                challenged later in proceedings to
                                             petitions for judicial review of this                                 enforce its requirements. (See section                        For the reasons stated in the
                                             action must be filed in the United States                             307(b)(2).)                                                 preamble, EPA amends 40 CFR parts 52
                                             Court of Appeals for the appropriate                                                                                              and 70 as set forth below:
                                                                                                                   List of Subjects
                                             circuit by December 4, 2017. Filing a                                                                                             PART 52—APPROVAL AND
                                             petition for reconsideration by the                                   40 CFR Part 52                                              PROMULGATION OF
                                             Administrator of this final rule does not                               Environmental protection, Air                             IMPLEMENTATION PLANS
                                             affect the finality of this rule for the                              pollution control, Carbon monoxide,
                                             purposes of judicial review nor does it                               Incorporation by reference,                                 ■ 1. The authority citation for part 52
                                             extend the time within which a petition                               Intergovernmental relations, Lead,                          continues to read as follows:
                                             for judicial review may be filed, and                                 Nitrogen dioxide, Ozone, Particulate                            Authority: 42 U.S.C. 7401 et seq.
                                             shall not postpone the effectiveness of                               matter, Reporting and recordkeeping
                                             such rule or action. Parties with                                     requirements, Sulfur oxides, Volatile                       Subpart CC—Nebraska
                                             objections to this direct final rule are                              organic compounds.
                                             encouraged to file a comment in                                                                                                   ■  2. Amend § 52.1420(c) by revising
                                             response to the parallel notice of                                    40 CFR Part 70
                                                                                                                                                                               ‘‘129–1’’ and ‘‘129–15’’ to read as
                                             proposed rulemaking for this action                                     Environmental protection,                                 follows:
                                             published in the proposed rules section                               Administrative practice and procedure,
                                             of this Federal Register, rather than file                            Air pollution control, Intergovernmental                    § 52.1420    Identification of Plan.
                                             an immediate petition for judicial                                    relations, Operating permits, Reporting                     *       *    *        *    *
                                             review of this direct final rule, so that                             and recordkeeping requirements.                                 (c) * * *
                                                                                                                  EPA-APPROVED NEBRASKA REGULATIONS
                                                                                                                  State effective
                                              Nebraska citation                           Title                                              EPA approval date                                   Explanation
                                                                                                                       date

                                                                                                                                       State of Nebraska

                                                                                                                           Department of Environmental Quality

                                                                                                                   Title 129—Nebraska Air Quality Regulations

                                             129–1 ..................       Definitions .......................               5/13/14    10/5/17, [Insert Federal          The proposed definition of ‘‘solid waste’’ is not ap-
                                                                                                                                           Register citation].               proved into the SIP. The second sentence be-
                                                                                                                                                                             ginning at ‘‘Solid waste’’ and ending at ‘‘dis-
                                                                                                                                                                             carded material’’, is not approved into the SIP.

                                                     *                               *                                 *                       *                       *                         *                     *
                                             129–15 ................        Operating Permit Modi-                            5/13/14    10/5/17, [Insert Federal
                                                                             fications; Reopening                                          Register citation].
                                                                             for Cause.



                                             *       *       *          *         *                                to the Nebraska Administrative Code, title                  DEPARTMENT OF COMMERCE
                                                                                                                   129, chapter 1, ‘‘Definitions’’ and chapter 15,
                                             PART 70—STATE OPERATING PERMIT                                        ‘‘Operating Permit Modifications; Reopening                 National Oceanic and Atmospheric
                                             PROGRAMS                                                              for Cause’’ on July 14, 2014. The state                     Administration
                                                                                                                   effective date is May 13, 2014. This revision
                                             ■ 3. The authority citation for part 70                               is effective December 4, 2017.                              50 CFR Part 679
                                             continues to read as follows:
                                                                                                                   *         *     *        *      *                           [Docket No. 161020985–7181–02]
                                                 Authority: 42 U.S.C. 7401 et seq.                                 [FR Doc. 2017–21383 Filed 10–4–17; 8:45 am]
                                             ■ 4. Amend appendix A to part 70 by                                   BILLING CODE 6560–50–P                                      RIN 0648–XF733
                                             adding new paragraph (o) under
                                             ‘‘Nebraska; City of Omaha; Lincoln-                                                                                               Fisheries of the Exclusive Economic
                                             Lancaster County Health Department’’                                                                                              Zone Off Alaska; Exchange of Flatfish
                                             to read as follows:                                                                                                               in the Bering Sea and Aleutian Islands
                                                                                                                                                                               Management Area
                                             Appendix A to Part 70—Approval
                                             Status of State and Local Operating                                                                                               AGENCY:  National Marine Fisheries
                                             Permits Programs                                                                                                                  Service (NMFS), National Oceanic and
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                                                                                                                                                                               Atmospheric Administration (NOAA),
                                             *       *       *          *         *                                                                                            Commerce.
                                             Nebraska; City of Omaha; Lincoln-Lancaster                                                                                        ACTION: Temporary rule; reallocation.
                                             County Health Department
                                             *       *       *          *         *                                                                                            SUMMARY:   NMFS is exchanging unused
                                               (o) The Nebraska Department of                                                                                                  flathead sole and rock sole Community
                                             Environmental Quality submitted revisions                                                                                         Development Quota (CDQ) for yellowfin


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Document Created: 2017-10-05 00:53:28
Document Modified: 2017-10-05 00:53:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective December 4, 2017, without further notice, unless EPA receives adverse comment by November 6, 2017. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactGreg Crable, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7391, or by email at [email protected]
FR Citation82 FR 46420 
CFR Citation40 CFR 52
40 CFR 70
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides; Volatile Organic Compounds; Administrative Practice and Procedure and Operating Permits

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