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)

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, 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.

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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]
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