[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Rules and Regulations]
[Pages 46420-46422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21383]


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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.

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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.
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    \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.''
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    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\
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    \2\ 62 FR 27968 (May 22, 1997).
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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
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                                                        State
     Nebraska citation               Title         effective date   EPA approval date          Explanation
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                                                State of Nebraska
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                                       Department of Environmental Quality
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                                   Title 129--Nebraska Air Quality Regulations
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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].
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* * * * *

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]
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