82 FR 46450 - Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for Volatile Organic Compound Emissions in the Dallas-Fort Worth Ozone Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 192 (October 5, 2017)
Federal Register Volume 82, Issue 192 (October 5, 2017)
| Page Range | 46450-46453 | |
| FR Document | 2017-21491 |
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)] [Proposed Rules] [Pages 46450-46453] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21491] [[Page 46450]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0832; FRL-9968-21-Region 6] Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for Volatile Organic Compound Emissions in the Dallas-Fort Worth Ozone Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or ACT), the Environmental Protection Agency (EPA) is proposing approval of revisions to the State Implementation Plan (SIP) submitted by the State of Texas through the Texas Commission on Environmental Quality (TCEQ) on July 10, 2015. The Texas SIP submission revises rules for control of volatile organic compounds (VOC) to assist the Dallas-Fort Worth (DFW) moderate nonattainment area (NAA) in attaining the 2008 eight-hour ozone (O3 ) National Ambient Air Quality Standards (NAAQS). The submission includes Wise County, a county added as part of the 2008 ozone moderate NAA area. We are proposing to approve the submitted rules as part of the DFW 2008 ozone SIP and as meeting Reasonably Available Control Technology (RACT). We are also proposing to approve negative declarations for certain source categories subject to RACT in the DFW moderate NAA. DATES: Written comments must be received on or before November 6, 2017. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2015-0832, at http://www.regulations.gov or via email to [email protected]. 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, please contact Mr. Robert M. Todd, (214) 665-2156, [email protected]. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Robert M. Todd, (214) 665-2156, [email protected]. To inspect the hard copy materials, please contact Mr. Todd or Mr. Bill Deese (214) 665-7253. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' means the EPA. Table of Contents I. Background on Dallas-Fort Worth (DFW) 2008 Eight-Hour O3 Nonattainment Area (NAA) Designation and Classification II. Background on Chapter 115 Proposed Rule Revisions III. Evaluation of Texas' Proposed Chapter 115 Volatile Organic Compound (VOC) Control SIP IV. Reasonably Achievable Control Technology in the DFW NAA V. The EPA's Proposed Action VI. Incorporation by Reference VII. Statutory and Executive Order Reviews I. Background on DFW 2008 Eight-Hour O3 NAA Designation and Classification On March 27, 2008, the EPA revised the primary and secondary O3 standard to a level of 75 parts per billion (ppb). Promulgation of a NAAQS triggers a requirement for the EPA to designate areas as nonattainment, attainment, or unclassifiable, and to classify the NAAs at the time of designation. On May 21, 2012, the EPA established initial area designations for most areas of the country with respect to the 2008 primary and secondary eight-hour O3 NAAQS. The EPA published two rules addressing final implementation \1\ and air quality designations.\2\ The implementation rule established classifications, associated attainment deadlines, and revoked the 1997 O3 standards for transportation conformity purposes. The designation rule finalized the NAA boundaries for areas that did not meet the 75 ppb standard. Furthermore, the finalized boundaries were classified according to the severity of their O3 air quality problems as determined by each area's design value.\3\ The O3 classification categories were defined as Marginal, Moderate, Serious, Severe, or Extreme. --------------------------------------------------------------------------- \1\ See 77 FR 30160 ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications Approach, Attainment Deadlines and Revocation of the 1997 Ozone Standards for Transportation Conformity Purposes.'' \2\ See 77 FR 30088, ``Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards.'' \3\ The air quality design value for the 8-hour ozone NAAQS is the three-year average of the annual fourth highest daily maximum eight-hour average ozone concentration. See 40 CFR part 50, appendix I. --------------------------------------------------------------------------- Effective July 20, 2012, the DFW 2008 eight-hour O3 NAA was classified as moderate, consisting of ten counties: Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise County. With the exception of Wise County, all of these counties were designated as nonattainment with a serious classification under the 1997 O3 standard. Although the DFW NAA was most recently classified as moderate, the first nine counties are still required to meet their more stringent serious classification requirements previously designated under the 1997 O3 standard. Wise County, however, is required to meet the moderate classification requirements since it is newly designated as nonattainment for the DFW area.\4\ Previously, Wise County was classified as an attainment area and was exempt from the O3 NAA requirements under the 1997 eight-hour O3 standard. --------------------------------------------------------------------------- \4\ In pursuant to the United States Court of Appeals for the District of Columbia Circuit ruling in favor of the EPA's inclusion of Wise County in the DFW 2008 eight-hour ozone nonattainment area as lawful (see USCA Case #12-1309). --------------------------------------------------------------------------- States are required to adopt control measures that implement Reasonably Available Control Technology (RACT) on major sources of VOC emissions. The major source emission threshold level for the first nine counties (Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant) remains at a potential to emit (PTE) of 50 tons per year (tpy) VOC based on its serious classification under the 1997 standard. The major source threshold in Wise County is 100 tpy VOC based on the moderate classification requirement. [[Page 46451]] II. Background on Chapter 115 Proposed Rule Revisions On July 10, 2015 the EPA received the TCEQ's submitted rule revisions to 30 TAC, Chapter 115 ``Control of Air Pollution from Volatile Organic Compounds.'' The State revised Chapter 115 for all major sources of VOC in the 2008 DFW O3 NAA for the implementation of RACT requirements in all counties as required by CAA, section 172(c)(1) and section 182(f). The state previously adopted Chapter 115 VOC rules for sources in the DFW area as part of the SIP submitted on May 30, 2007, for the 1997 eight-hour O3 standard. The EPA approved those rules on January 14, 2009.\5\ The scope of the Chapter 115 rule revisions implement the following: \6\ --------------------------------------------------------------------------- \5\ See 74 FR 1903. \6\ This is not an exhaustive list of changes to the 30 TAC Chapter 115 rules. For a complete summary of all Chapter 115 sections associated with this SIP revision, please refer to the Technical Support Document (TSD), a copy of which is posted in the docket of this proposal. ---------------------------------------------------------------------------Add VOC emission limits and control requirements to major sources in newly designated Wise County. Amend VOC emissions control requirements in the DFW NAA; Amend testing, monitoring and recordkeeping requirements for VOC sources in the DFW NAA; Amend exemptions from VOC control requirements in the DFW NAA; Amend compliance schedules for affected sources in the DFW NAA, including adding new compliance date of January, 2017 for newly affected sources in Wise County; Add definitions to reflect the change in attainment status of Wise County; A complete summary along with all non-substantive changes pertaining to reformatting, restructuring, reorganizing, and administrative revisions will be referenced in the Technical Support Document (TSD), ``2008 8-Hour Ozone Nonattainment Area VOC SIP Demonstration and Reasonably Available Control Technology for Volatile Organic Compounds Sources in the Dallas-Fort Worth 2008 8-Hour Ozone Nonattainment Area'' a copy of which is posted in the docket of this proposal. Table 1 contains a list of the new sections of Chapter 115 with adopted subchapters, divisions, and key sections associated with the July 10, 2015 DFW 2008 eight-hour O 3 SIP submittal. Table 1--Proposed New Sections of 30 TAC Chapter 115 To Be Added to the Texas SIP ------------------------------------------------------------------------ Description Section ------------------------------------------------------------------------ Description and Sections of 30 TAC Chapter 115 Proposed New Section ------------------------------------------------------------------------ Subchapter E: Division 1................ Sec. Sec. 115.410, 115.411. ------------------------------------------------------------------------ Table 2 contains a list of the sections of Chapter 115 with adopted subchapters, divisions, and key sections with modifications associated with the July 10, 2015 DFW 2008 eight-hour O3 SIP submittal. Table 2--Proposed Amended Sections of 30 TAC Chapter 115 in the Texas SIP ------------------------------------------------------------------------ Description Section ------------------------------------------------------------------------ Description and Sections of 30 TAC Chapter 115 Proposed Modified Sections ------------------------------------------------------------------------ Subchapter A: Definitions................ Sec. 115.10. Subchapter B: Division 1................. Sec. Sec. 115.110-115.112, 115.114, 115.115, 115.117- 115.119. Subchapter B: Division 2................. Sec. Sec. 115.121, 115.122. 115.125-115.127, 115.129. Subchapter B: Division 3................. Sec. 115.139. Subchapter C: Division 1................. Sec. 115.215, Sec. 115.219. Subchapter C: Division 2................. Sec. 115.229. Subchapter C: Division 3................. Sec. 115.239. Subchapter D: Division 3................. Sec. 115.359. Subchapter E: Division 1................. Sec. Sec. 115.415, 115.416, 115.419. Subchapter E: Division 2................. Sec. Sec. 115.420-115.423, 115.425-115.427, 115.429. Subchapter E: Division 4................. Sec. Sec. 115.440-115.442, 115.446, 115.449. Subchapter E: Division 5................. Sec. Sec. 115.450, 115.451, 115.453, 115.459. Subchapter E: Division 6................. Sec. Sec. 115.460, 115.461, 115.469. Subchapter E: Division 7................. Sec. Sec. 115.471, 115.473, 115.479. Subchapter F: Division 1................. Sec. 115.519. ------------------------------------------------------------------------ Table 3 contains a section of Chapter 115 proposed for repeal from the SIP by the TCEQ, along with the relevant identifying subchapter and division. Table 3--Proposed Sections of 30 TAC Chapter 115 To Be Deleted From the Texas SIP ------------------------------------------------------------------------ Description Section ------------------------------------------------------------------------ Description and Sections of 30 TAC Chapter 115 Proposed Repealed Section ------------------------------------------------------------------------ Subchapter E: Division 1................ Sec. 115.417 \7\ ------------------------------------------------------------------------ --------------------------------------------------------------------------- \7\ The content of Sec. 115.417 detailed exemptions to Chapter 115 requirements. These exemptions were moved to the new Sec. 115.411. This action reorders existing, approvable exemptions and does not alter the expected VOC control levels in the DFW NAA. --------------------------------------------------------------------------- III. Evaluation of Texas' Proposed Chapter 115 VOC Control SIP Previous Chapter 115 modifications addressed TCEQ's plan to comply with the 1997 eight-hour O3 attainment standard and RACT requirements for 9 counties in the DFW area and were approved into the state's SIP on January 14, 2009 (74 FR 1903). We are not proposing to alter that determination. As described above, the DFW NAA for the 2008 O3 standard now includes Wise County along with the other 9 counties in the area. In today's action, we are proposing to approve revisions for TCEQ rule changes as part of the DFW moderate NAA area that would extend these same control requirements to sources in Wise County. The TCEQ provided information addressing the applicability of Chapter 115, Control of Air Pollution from Volatile Organic Compounds Regulations to sources with emissions equal to or greater than 100 tpy of VOCs in Wise County. [[Page 46452]] A complete evaluation of the TCEQ rules changes can be found in the TSD to this proposal that is included in the official docket. The changes TCEQ made includes ministerial changes as well as substantive ones such as the addition of control requirements that apply to sources in Wise County. IV. Reasonably Achievable Control Technology in the DFW NAA As noted above, the TCEQ's July 12, 2015, submission included a RACT demonstration that VOC control measures in 30 TAC Chapter 115 applied to major sources in the DFW moderate NNA, including Wise County. The TCEQ also provided information addressing the applicability of Control Technology Guidelines (CTG) and Alternative Control Technology (ACT) documents for VOC sources with emissions equal to or greater than 100 tpy of VOCs in Wise County. The TCEQ also provided negative declaration information for certain of these source categories in Wise County. Furthermore, the TCEQ demonstrated that any major source in the DFW NNA not covered by a CTG or ACT is controlled and meets RACT and that the negative declarations provided by the TCEQ and addressed in detail in the TSD to this proposal, are approvable. The requirements for RACT are included in 182(b)(2) of the Act and further explained in our ``SIP Requirements Rule'' of March 6, 2015 (80 FR 12279), which explains States should refer to existing CTGs and ACT documents as well as all relevant technical information including recent technical information received during the public comment period to determine if RACT is being applied. States may conclude, in some cases, that sources already addressed by RACT determinations to meet the 1-Hour and/or the 1997 8-Hour O3 NAAQS do not need to implement additional controls to meet the 2008 ozone NAAQS RACT requirement. See 40 CFR 51.1112. The EPA has previously found that Texas VOC rules meet RACT for the 1-Hour and the 1997 8-Hour standards. See 74 FR 1903, January 14, 2009 and 80 FR 16291, March 27, 2015. We have reviewed the emission limitations and control requirements detailed in 30 TAC Chapter 115 and compared them against EPA's CTG documents and guidelines. Based on our review and evaluation, we found the emission limitations and control requirements in 30 TAC Chapter 115 apply to the source categories covered by our guidance and CTG documents, and that the corresponding sections in 30 TAC Chapter 115 provide for the lowest emission limitation through application of control techniques that are reasonably available considering technological and economic feasibility. Also, the TCEQ demonstrated that any major source in the DFW NNA not covered by a CTG or ACT is controlled and meets RACT. Based on the above evaluation, we are proposing to determine that the applicable emission limitations and control requirements in 30 TAC Chapter 115 represent RACT under the 2008 8-Hour ozone NAAQS. A complete evaluation of how the TCEQ rules meet the requirements of the EPAs CTGs, ACTs and RACT requirements can be found in the TSD to this proposal that is included in the official docket. In particular, see pages 13-21 of the TSD. V. The EPA's Proposed Action The EPA is proposing to approve the submitted TAC Chapter 115 SIP revisions into the SIP because these revisions will assist the DFW area reach attainment under the 2008 8-Hour O3 NAAQS by reducing VOC emissions for affected sources in the DFW area. The EPA is proposing to approve all revisions for the amended, repealed, and new sections of Chapter 115 that are being submitted for inclusion into the SIP. The EPA is also making a determination that the TCEQ rules included in these revisions will meet the RACT requirements of the CAA Sec. 182(b) for the 2008 O3 NAAQS. We are also making a determination that the negative declarations provided by the TCEQ are approvable. VI. Incorporation by Reference In this action, the EPA is proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference revisions to the Texas regulations as described in the Proposed Action section above. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. VII. Statutory and Executive Order Reviews Under the CAA, 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 CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993), 13563 (76 FR 3821, January 21, 2011) and 13771 (82 FR 9339, February 2, 2017); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of 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 CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, 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 proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. [[Page 46453]] Dated: September 29, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. [FR Doc. 2017-21491 Filed 10-4-17; 8:45 am] BILLING CODE 6560-50-P
![46450 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules
ENVIRONMENTAL PROTECTION submission (i.e., on the Web, cloud, or air quality designations.2 The
AGENCY other file sharing system). implementation rule established
For additional submission methods, classifications, associated attainment
40 CFR Part 52 please contact Mr. Robert M. Todd, deadlines, and revoked the 1997 O3
[EPA–R06–OAR–2015–0832; FRL–9968–21– (214) 665–2156, todd.robert@epa.gov. standards for transportation conformity
Region 6] For the full EPA public comment policy, purposes. The designation rule finalized
information about CBI or multimedia the NAA boundaries for areas that did
Approval and Promulgation of submissions, and general guidance on not meet the 75 ppb standard.
Implementation Plans; Texas; making effective comments, please visit Furthermore, the finalized boundaries
Reasonably Available Control http://www2.epa.gov/dockets/ were classified according to the severity
Technology for Volatile Organic commenting-epa-dockets. of their O3 air quality problems as
Compound Emissions in the Dallas- Docket: The index to the docket for determined by each area’s design
Fort Worth Ozone Nonattainment Area
this action is available electronically at value.3 The O3 classification categories
AGENCY: Environmental Protection www.regulations.gov and in hard copy were defined as Marginal, Moderate,
Agency (EPA). at EPA Region 6, 1445 Ross Avenue, Serious, Severe, or Extreme.
ACTION: Proposed rule. Suite 700, Dallas, Texas. While all
Effective July 20, 2012, the DFW 2008
documents in the docket are listed in
SUMMARY: Pursuant to the Federal Clean eight-hour O3 NAA was classified as
the index, some information may be
Air Act (CAA or ACT), the publicly available only at the hard copy moderate, consisting of ten counties:
Environmental Protection Agency (EPA) location (e.g., copyrighted material), and Collin, Dallas, Denton, Ellis, Johnson,
is proposing approval of revisions to the some may not be publicly available at Kaufman, Parker, Rockwall, Tarrant,
State Implementation Plan (SIP) either location (e.g., CBI). and Wise County. With the exception of
submitted by the State of Texas through Wise County, all of these counties were
the Texas Commission on FOR FURTHER INFORMATION CONTACT:
designated as nonattainment with a
Environmental Quality (TCEQ) on July Robert M. Todd, (214) 665–2156, serious classification under the 1997 O3
10, 2015. The Texas SIP submission todd.robert@epa.gov. To inspect the
standard. Although the DFW NAA was
revises rules for control of volatile hard copy materials, please contact Mr.
most recently classified as moderate, the
organic compounds (VOC) to assist the Todd or Mr. Bill Deese (214) 665–7253.
first nine counties are still required to
Dallas-Fort Worth (DFW) moderate SUPPLEMENTARY INFORMATION: meet their more stringent serious
nonattainment area (NAA) in attaining Throughout this document ‘‘we,’’ ‘‘us,’’ classification requirements previously
the 2008 eight-hour ozone (O3) National or ‘‘our’’ means the EPA. designated under the 1997 O3 standard.
Ambient Air Quality Standards Wise County, however, is required to
(NAAQS). The submission includes Table of Contents
meet the moderate classification
Wise County, a county added as part of I. Background on Dallas-Fort Worth (DFW)
the 2008 ozone moderate NAA area. We 2008 Eight-Hour O3 Nonattainment Area requirements since it is newly
are proposing to approve the submitted (NAA) Designation and Classification designated as nonattainment for the
rules as part of the DFW 2008 ozone SIP II. Background on Chapter 115 Proposed Rule DFW area.4 Previously, Wise County
and as meeting Reasonably Available Revisions was classified as an attainment area and
III. Evaluation of Texas’ Proposed Chapter was exempt from the O3 NAA
Control Technology (RACT). We are also
115 Volatile Organic Compound (VOC) requirements under the 1997 eight-hour
proposing to approve negative Control SIP
declarations for certain source IV. Reasonably Achievable Control
O3 standard.
categories subject to RACT in the DFW Technology in the DFW NAA States are required to adopt control
moderate NAA. V. The EPA’s Proposed Action measures that implement Reasonably
DATES: Written comments must be VI. Incorporation by Reference Available Control Technology (RACT)
received on or before November 6, 2017. VII. Statutory and Executive Order Reviews
on major sources of VOC emissions. The
ADDRESSES: Submit your comments, I. Background on DFW 2008 Eight-Hour major source emission threshold level
identified by Docket No. EPA–R06– O3 NAA Designation and Classification for the first nine counties (Collin,
OAR–2015–0832, at http:// Dallas, Denton, Ellis, Johnson, Kaufman,
www.regulations.gov or via email to On March 27, 2008, the EPA revised
Parker, Rockwall, and Tarrant) remains
todd.robert@epa.gov. Follow the online the primary and secondary O3 standard
at a potential to emit (PTE) of 50 tons
instructions for submitting comments. to a level of 75 parts per billion (ppb).
Promulgation of a NAAQS triggers a per year (tpy) VOC based on its serious
Once submitted, comments cannot be classification under the 1997 standard.
edited or removed from Regulations.gov. requirement for the EPA to designate
areas as nonattainment, attainment, or The major source threshold in Wise
The EPA may publish any comment County is 100 tpy VOC based on the
received to its public docket. Do not unclassifiable, and to classify the NAAs
at the time of designation. moderate classification requirement.
submit electronically any information
you consider to be Confidential On May 21, 2012, the EPA established 2 See 77 FR 30088, ‘‘Air Quality Designations for
Business Information (CBI) or other initial area designations for most areas
the 2008 Ozone National Ambient Air Quality
information whose disclosure is of the country with respect to the 2008 Standards.’’
restricted by statute. Multimedia primary and secondary eight-hour O3 3 The air quality design value for the 8-hour
ethrower on DSK3G9T082PROD with PROPOSALS
submissions (audio, video, etc.) must be NAAQS. The EPA published two rules ozone NAAQS is the three-year average of the
accompanied by a written comment. addressing final implementation 1 and annual fourth highest daily maximum eight-hour
The written comment is considered the average ozone concentration. See 40 CFR part 50,
appendix I.
official comment and should include 1 See 77 FR 30160 ‘‘Implementation of the 2008
4 In pursuant to the United States Court of
discussion of all points you wish to National Ambient Air Quality Standards for Ozone:
Nonattainment Area Classifications Approach, Appeals for the District of Columbia Circuit ruling
make. The EPA will generally not Attainment Deadlines and Revocation of the 1997 in favor of the EPA’s inclusion of Wise County in
consider comments or comment Ozone Standards for Transportation Conformity the DFW 2008 eight-hour ozone nonattainment area
contents located outside of the primary Purposes.’’ as lawful (see USCA Case #12–1309).
VerDate Sep<11>2014 17:29 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\05OCP1.SGM 05OCP1](https://thefederalregister.org/doc/82_FR_46642/page/1.svg)
![Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 46453
Dated: September 29, 2017. www.regulations.gov. Follow the online waste’’ are inconsistent with the Federal
Samuel Coleman, instructions for submitting comments. definition. For that reason, EPA is not
Acting Regional Administrator, Region 6. Once submitted, comments cannot be approving the State’s revised ‘‘solid
[FR Doc. 2017–21491 Filed 10–4–17; 8:45 am] edited or removed from Regulations.gov. waste’’ definition into the SIP.
BILLING CODE 6560–50–P The EPA may publish any comment The proposed part 70 revision to
received to its public docket. Do not chapter 15 extends ‘‘off-permit
submit electronically any information changes’’, to Class I and II operating
ENVIRONMENTAL PROTECTION you consider to be Confidential permits as allowed under the Federal
AGENCY Business Information (CBI) or other program. Additional changes ensure
information whose disclosure is that chapter 15 conforms to the
40 CFR Parts 52 and 70 restricted by statute. Multimedia applicable Federal regulations,
[EPA–R07–OAR–2017–0485; FRL 9968–77– submissions (audio, video, etc.) must be including updating section 007, which
Region 7] accompanied by a written comment. allows changes in a permitted facility
The written comment is considered the without a permit revision if certain
Approval of Nebraska’s Air Quality official comment and should include criteria is met. Finally, revisions to
Implementation Plan, Operating discussion of all points you wish to chapter 15 shorten notice periods under
Permits Program, and 112(l) Program; make. The EPA will generally not certain circumstances when changing
Revision to Nebraska Administrative consider comments or comment Class I and II operating permits, and are
Code contents located outside of the primary making various grammatical revisions
submission (i.e. on the web, cloud, or for clarity purposes.
AGENCY: Environmental Protection other file sharing system). For
Agency (EPA). Chapter 18 is not a part of the State’s
additional submission methods, the full
ACTION: Proposed rule. approved SIP, and will be addressed
EPA public comment policy,
through a separate future rulemaking
SUMMARY: The Environmental Protection information about CBI or multimedia
process under the CAA section 111(d).
Agency (EPA) is proposing to approve submissions, and general guidance on
EPA has elected to address changes to
revisions to the State Implementation making effective comments, please visit
chapter 20 with a future SIP revision.
Plan (SIP), Operating Permits Program, https://www2.epa.gov/dockets/
Chapter 28 is not a part of the State’s
and 112(l) program submitted on July commenting-epa-dockets.
approved SIP and therefore, no action is
14, 2014, by the State of Nebraska. This FOR FURTHER INFORMATION CONTACT: Greg
required by the EPA.
action amends the SIP to revise two Crable, Environmental Protection
Agency, Air Planning and Development We have published a direct final rule
chapters, ‘‘Definitions’’ and ‘‘Operating
Branch, 11201 Renner Boulevard, approving the State’s SIP revision(s) in
Permit Modifications; Reopening for
Lenexa, Kansas 66219 at (913) 551– the ‘‘Rules and Regulations’’ section of
Cause’’. Specifically, these revisions
7391, or by email at crable.gregory@ this Federal Register, because we view
incorporate by reference the list of
epa.gov. this as a noncontroversial action and
organic compounds exempt from the
anticipate no relevant adverse comment.
definition of volatile organic compound SUPPLEMENTARY INFORMATION: Nebraska’s We have explained our reasons for this
(VOC) found in the Code of Federal July 14, 2014, submittal included action in the preamble to the direct final
Regulations; notification requirements revisions to Chapters 1, 4, 15, 18, 20, 28 rule. If we receive no adverse comment,
for the operating permit program are and 34 of title 129. In previous direct
being amended to be consistent with the we will not take further action on this
final actions, EPA approved revisions to proposed rule. If we receive adverse
Federal operating permit program chapter 4 ‘‘Ambient Air Quality
requirements; the definition of ‘‘solid comment, we will withdraw the direct
Standards’’ on October 11, 2016 (81 FR final rule and it will not take effect. We
waste’’ is being revised by the state, 70023), and chapter 34 ‘‘Emission
however, because the state’s definition would address all public comments in
Sources; Testing; Monitoring’’ on any subsequent final rule based on this
is inconsistent with the Federal October 7, 2016 (81 FR 69693).
definition, EPA is not approving this proposed rule. We do not intend to
This document proposes to take institute a second comment period on
definition into the SIP. Finally, the state action on chapter 1, ‘‘Definitions’’, and
is extending the process of ‘‘off-permit this action. Any parties interested in
chapter 15, ‘‘Operating Permit commenting must do so at this time. For
changes’’ to Class I operating permits. Modifications; Reopening for Cause’’.
Additional grammatical and editorial further information, please see the
Revisions to chapter 1 ‘‘Definitions’’ information provided in the ADDRESSES
changes are being made in this revision. involve various grammatical and
Approval of these revisions will not section of this document.
numerical edits. In addition, section 160
impact air quality, ensures consistency of chapter 1 contains a definition of List of Subjects
between the State and Federally- VOC that provides exceptions to the
approved rules, and ensures Federal 40 CFR Part 52
definition based upon a list of organic
enforceability of the State’s rules. In the compounds, which have been Environmental protection, Air
‘‘Rules and Regulations’’ section of this determined to have negligible pollution control, Carbon monoxide,
Federal Register, we are approving photochemical reactivity. The revision Incorporation by reference,
these two chapters as a direct final rule removes the list of VOC exceptions at Intergovernmental relations, Lead,
without a prior proposed rule. If we section 160, and instead references the Nitrogen dioxide, Ozone, Particulate
ethrower on DSK3G9T082PROD with PROPOSALS
receive no adverse comment, we will list in the Code of Federal Regulations. matter, Reporting and recordkeeping
not take further action on this proposed Revisions to title 129, chapter 1, section requirements, Sulfur oxides, Volatile
rule. 139 change the notification organic compounds.
DATES: Comments must be received by requirements for ‘‘Section 502(b)(10) 40 CFR Part 70
November 6, 2017. changes’’ making it consistent with the
ADDRESSES: Submit your comments, Federal operating permit program. And Environmental protection,
identified by Docket ID No. EPA–R07– finally, Nebraska’s requested revisions Administrative practice and procedure,
OAR–2017–0485, to https:// to the chapter 1 definition of ‘‘solid Air pollution control, Intergovernmental
VerDate Sep<11>2014 17:29 Oct 04, 2017 Jkt 244001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\05OCP1.SGM 05OCP1](https://thefederalregister.org/doc/82_FR_46642/page/4.svg)
Document Created: 2017-10-05 00:53:18
Document Modified: 2017-10-05 00:53:18
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before November 6, 2017. | |
| Contact | Robert M. Todd, (214) 665-2156, [email protected] To inspect the hard copy materials, please contact Mr. Todd or Mr. Bill Deese (214) 665-7253. | |
| FR Citation | 82 FR 46450 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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