[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Page 56173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25576]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2017-0485; FRL-9971-15-Region 7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to adverse comments, the Environmental Protection Agency 
(EPA) is withdrawing the direct final rule for ``Approval of Nebraska's 
Air Quality Implementation Plan, Operating Permits Program, and 112(l) 
Program; Revision to Nebraska Administrative Code,'' published in the 
Federal Register on October 5, 2017. Nebraska's SIP revision revised 
two chapters, ``Definitions'' and ``Operating Permit Modifications; 
Reopening for Cause''. Specifically, these revisions incorporated 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 
were amended to be consistent with the Federal operating permit program 
requirements, and the definition of ``solid waste'' was revised by the 
state. However, because the state's definition is inconsistent with the 
Federal definition, EPA was not approving the definition into the SIP. 
Finally, the state extended the process of ``off-permit changes'' to 
Class 1 operating permits. Additional grammatical and editorial changes 
were made in this revision.

DATES: The direct final rule published at 82 FR 46420, October 5, 2017, 
is withdrawn effective November 28, 2017.

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: Due to adverse comments, EPA is withdrawing 
the direct final rule to approve revisions to the Nebraska State 
Implementation Plan (SIP), Operating Permits Program, and 112(l) 
program; Revision to Nebraska Administrative Code. In the direct final 
rule published on October 5, 2017, (82 FR 46420), we stated that if we 
received adverse comment by November 6, 2017, the rule would be 
withdrawn and not take effect. EPA received adverse comments. EPA will 
address the comments in a subsequent final action based upon the 
proposed action also published on October 5, 2017 (82 FR 46453). EPA 
will not institute a second comment period on this action.

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: November 16, 2017.
James B. Gulliford,
Regional Administrator, Region 7.


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Accordingly, the direct final rule published on October 5, 2017 (82 FR 
46420), is withdrawn effective November 28, 2017.

[FR Doc. 2017-25576 Filed 11-27-17; 8:45 am]
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