82 FR 46453 - 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 Range		46453-46454
FR Document		2017-21391

The Environmental Protection Agency (EPA) is proposing to approve 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. In the ``Rules and Regulations'' section of this Federal Register, we are approving these two chapters as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

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

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Proposed Rules]
[Pages 46453-46454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21391]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2017-0485; FRL 9968-77-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: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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. In the ``Rules and Regulations'' section of this Federal 
Register, we are approving these two chapters as a direct final rule 
without a prior proposed rule. If we receive no adverse comment, we 
will not take further action on this proposed rule.

DATES: Comments must be received by November 6, 2017.

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: Nebraska's July 14, 2014, submittal included 
revisions to Chapters 1, 4, 15, 18, 20, 28 and 34 of title 129. In 
previous direct final actions, EPA approved revisions to chapter 4 
``Ambient Air Quality Standards'' on October 11, 2016 (81 FR 70023), 
and chapter 34 ``Emission Sources; Testing; Monitoring'' on October 7, 
2016 (81 FR 69693).
    This document proposes to take action on chapter 1, 
``Definitions'', and chapter 15, ``Operating Permit Modifications; 
Reopening for Cause''. Revisions to chapter 1 ``Definitions'' involve 
various grammatical and numerical edits. In addition, 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. The revision 
removes the list of VOC exceptions at section 160, and instead 
references the list in the Code of Federal Regulations. Revisions to 
title 129, chapter 1, section 139 change the notification requirements 
for ``Section 502(b)(10) changes'' making it consistent with the 
Federal operating permit program. And finally, Nebraska's requested 
revisions to the chapter 1 definition of ``solid waste'' are 
inconsistent with the Federal definition. For that reason, EPA is not 
approving the State's revised ``solid waste'' definition into the SIP.
    The proposed part 70 revision to chapter 15 extends ``off-permit 
changes'', to Class I and II operating permits as allowed under the 
Federal program. Additional changes ensure that chapter 15 conforms to 
the applicable Federal regulations, including updating section 007, 
which allows changes in a permitted facility without a permit revision 
if certain criteria is met. Finally, revisions to chapter 15 shorten 
notice periods under certain circumstances when changing Class I and II 
operating permits, and are making various grammatical revisions for 
clarity purposes.
    Chapter 18 is not a part of the State's approved SIP, and will be 
addressed through a separate future rulemaking process under the CAA 
section 111(d). EPA has elected to address changes to chapter 20 with a 
future SIP revision. Chapter 28 is not a part of the State's approved 
SIP and therefore, no action is required by the EPA.
    We have published a direct final rule approving the State's SIP 
revision(s) in the ``Rules and Regulations'' section of this Federal 
Register, because we view this as a noncontroversial action and 
anticipate no relevant adverse comment. We have explained our reasons 
for this action in the preamble to the direct final rule. If we receive 
no adverse comment, we will not take further action on this proposed 
rule. If we receive adverse comment, we will withdraw the direct final 
rule and it will not take effect. We would address all public comments 
in any subsequent final rule based on this proposed rule. We do not 
intend to institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information, please see the information provided in the ADDRESSES 
section of this document.

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

[[Page 46454]]

relations, Operating permits, Reporting and recordkeeping requirements.

    Dated: September 25, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
[FR Doc. 2017-21391 Filed 10-4-17; 8:45 am]
BILLING CODE 6560-50-P

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

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46454 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules

relations, Operating permits, Reporting http://www2.epa.gov/dockets/ federally enforceable. Arizona will
and recordkeeping requirements. commenting-epa-dockets. You may also continue to have primary enforcement
Dated: September 25, 2017. view Arizona’s application by authority and responsibility for its state
Cathy Stepp,
contacting the Arizona Department of hazardous waste program. EPA retains
Environmental Quality Records Center its authorities under RCRA sections
Acting Regional Administrator, Region 7.
at 602–771–4380, Monday through 3007, 3008, 3013, and 7003, including
[FR Doc. 2017–21391 Filed 10–4–17; 8:45 am] Friday: 8:30 a.m. to 4:30 p.m. its authority to:
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT: • Conduct inspections, and require
Laurie Amaro, U.S. Environmental monitoring, tests, analyses or reports;
Protection Agency, Region 9, Land • Enforce RCRA requirements,
ENVIRONMENTAL PROTECTION including authorized state program
Division, 75 Hawthorne Street (LND–1–
AGENCY requirements, and suspend or revoke
1), San Francisco, CA 94105, phone
number: 415–972–3364, email: permits; and
40 CFR Part 271 • Take enforcement actions regardless
amaro.laurie@epa.gov.
[EPA–R09–RCRA–2017–0523; FRL–9968– SUPPLEMENTARY INFORMATION: of whether the state has taken its own
85–Region 9] actions.
A. Why are revisions to state programs This action does not impose
Arizona: Authorization of State necessary? additional requirements on the
Hazardous Waste Management States which have received final regulated community because the
Program Revisions authorization from EPA under RCRA regulations for which Arizona is being
AGENCY: Environmental Protection section 3006(b), 42 U.S.C. 6926(b), must authorized by today’s action are already
Agency (EPA). maintain a hazardous waste program effective, and are not changed by today’s
that is equivalent to, consistent with, action.
ACTION: Proposed rule.
and no less stringent than the federal D. What happens if EPA receives
SUMMARY: Arizona has applied to the program. As the federal program comments that oppose this proposed
EPA for final authorization of changes to changes, states must change their action?
its hazardous waste program under the programs and ask EPA to authorize the
Resource Conservation and Recovery changes. Changes to state programs may EPA will consider all comments
Act (RCRA). These changes correspond be necessary when federal or state received during the comment period
to certain federal rules promulgated statutory or regulatory authority is and address all such comments in a
between May 26, 1998 and July 28, 2006 modified or when certain other changes final rule. You may not have another
(also known as RCRA Cluster VIII occur. Most commonly, states must opportunity to comment. If you want to
(checklist 167D) and Clusters IX through change their programs because of comment on this authorization, you
XVII). EPA has reviewed Arizona’s changes to EPA’s regulations in 40 Code must do so at this time.
application with regards to federal of Federal Regulations (CFR) parts 124, E. For what has Arizona previously
requirements and is proposing to 260 through 268, 270, 273, and 279. been authorized?
authorize the state’s changes. B. What decisions has EPA made in this Arizona initially received final
DATES: Comments on this proposed rule rule? authorization on November 20, 1985 to
be received by November 6, 2017. implement its base hazardous waste
EPA concludes that Arizona’s
ADDRESSES: Submit your comments, application to revise its authorized management program. Arizona received
identified by Docket ID Number EPA– program meets all statutory and authorization for revisions to its
R09–RCRA–2017–0523 at http:// regulatory requirements established by program on August 6, 1991 (56 FR
www.regulations.gov. Follow the online RCRA, as set forth in RCRA section 37290 effective October 7, 1991), July
instructions for submitting comments. 3006(b), 42 U.S.C. 6926(b), and 40 CFR 13, 1992 (57 FR 30905 effective
Once submitted, comments cannot be part 271. Therefore, EPA proposes to September 11, 1992), November 23,
edited or removed from Regulations.gov. grant Arizona final authorization to 1992 (57 FR 54932 effective January 22,
The EPA may publish any comment operate as part of its hazardous waste 1993), October 27, 1993 (58 FR 57745
received to its public docket. Do not program the changes listed below in effective December 27, 1993), July18,
submit electronically any information Section F of this document, as further 1995 (60 FR 36731 effective June 12,
you consider to be Confidential described in the authorization 1995), March 7, 1997 (62 FR 10464
Business Information (CBI) or other application. effective May 6, 1997), October 28, 1998
information whose disclosure is Arizona has responsibility for (63 FR 57605–57608 effective December
restricted by statute. Multimedia permitting treatment, storage, and 28, 1998), and March 17, 2004 (69 FR
submissions (audio, video, etc.) must be disposal facilities within its borders 12544 effective March 17, 2004),
accompanied by a written comment. (except in Indian country) and for originally published on October 27,
The written comment is considered the carrying out the aspects of the RCRA 2000 (65 FR 64369).
official comment and should include program described in its revised
discussion of all points you wish to F. What changes is EPA authorizing
program application, subject to the
make. The EPA will generally not with today’s action?
limitations of the Hazardous and Solid
consider comments or comment Waste Amendments of 1984 (HSWA). Arizona submitted a final complete
ethrower on DSK3G9T082PROD with PROPOSALS

contents located outside of the primary program revision application to EPA
submission (i.e. on the web, cloud, or C. What is the effect of today’s dated July 14, 2017 seeking
other file sharing system). For authorization decision? authorization of changes to its
additional submission methods, the full The effect of this decision is that the hazardous waste program that
EPA public comment policy, changes described in Arizona’s correspond to certain federal rules
information about CBI or multimedia authorization application will become promulgated between May 26, 1998 and
submissions, and general guidance on part of the authorized state hazardous July 28, 2006 (also known as RCRA
making effective comments, please visit waste program, and therefore will be Cluster VIII (Checklist 167D only) and

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Document Created: 2017-10-05 00:53:37
Document Modified: 2017-10-05 00:53:37

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		Comments must be received by November 6, 2017.
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]
FR Citation		82 FR 46453
CFR Citation		40 CFR 52 40 CFR 70
CFR Associated		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; Administrative Practice and Procedure and Operating Permits