Approval of Nebraska's Air Quality Implementation Plan, Operating Permits Program, and 112(l) Program; Revision to Nebraska Administrative Code, 46453-46454 [2017-21391]

Download as PDF Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 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 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 Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: 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 Federallyapproved 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:// ethrower on DSK3G9T082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:29 Oct 04, 2017 Jkt 244001 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 crable.gregory@ epa.gov. 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 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 46453 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 E:\FR\FM\05OCP1.SGM 05OCP1 46454 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R09–RCRA–2017–0523; FRL–9968– 85–Region 9] Arizona: Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Arizona has applied to the EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). These changes correspond to certain federal rules promulgated between May 26, 1998 and July 28, 2006 (also known as RCRA Cluster VIII (checklist 167D) and Clusters IX through XVII). EPA has reviewed Arizona’s application with regards to federal requirements and is proposing to authorize the state’s changes. DATES: Comments on this proposed rule be received by November 6, 2017. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R09–RCRA–2017–0523 at 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 ethrower on DSK3G9T082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:29 Oct 04, 2017 Jkt 244001 https://www2.epa.gov/dockets/ commenting-epa-dockets. You may also view Arizona’s application by contacting the Arizona Department of Environmental Quality Records Center at 602–771–4380, Monday through Friday: 8:30 a.m. to 4:30 p.m. FOR FURTHER INFORMATION CONTACT: Laurie Amaro, U.S. Environmental Protection Agency, Region 9, Land Division, 75 Hawthorne Street (LND–1– 1), San Francisco, CA 94105, phone number: 415–972–3364, email: amaro.laurie@epa.gov. SUPPLEMENTARY INFORMATION: A. Why are revisions to state programs necessary? States which have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the federal program. As the federal program changes, states must change their programs and ask EPA to authorize the changes. Changes to state programs may be necessary when federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279. B. What decisions has EPA made in this rule? EPA concludes that Arizona’s application to revise its authorized program meets all statutory and regulatory requirements established by RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA proposes to grant Arizona final authorization to operate as part of its hazardous waste program the changes listed below in Section F of this document, as further described in the authorization application. Arizona has responsibility for permitting treatment, storage, and disposal facilities within its borders (except in Indian country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). C. What is the effect of today’s authorization decision? The effect of this decision is that the changes described in Arizona’s authorization application will become part of the authorized state hazardous waste program, and therefore will be PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 federally enforceable. Arizona will continue to have primary enforcement authority and responsibility for its state hazardous waste program. EPA retains its authorities under RCRA sections 3007, 3008, 3013, and 7003, including its authority to: • Conduct inspections, and require monitoring, tests, analyses or reports; • Enforce RCRA requirements, including authorized state program requirements, and suspend or revoke permits; and • Take enforcement actions regardless of whether the state has taken its own actions. This action does not impose additional requirements on the regulated community because the regulations for which Arizona is being authorized by today’s action are already effective, and are not changed by today’s action. D. What happens if EPA receives comments that oppose this proposed action? EPA will consider all comments received during the comment period and address all such comments in a final rule. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time. E. For what has Arizona previously been authorized? Arizona initially received final authorization on November 20, 1985 to implement its base hazardous waste management program. Arizona received authorization for revisions to its program on August 6, 1991 (56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905 effective September 11, 1992), November 23, 1992 (57 FR 54932 effective January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27, 1993), July18, 1995 (60 FR 36731 effective June 12, 1995), March 7, 1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR 57605–57608 effective December 28, 1998), and March 17, 2004 (69 FR 12544 effective March 17, 2004), originally published on October 27, 2000 (65 FR 64369). F. What changes is EPA authorizing with today’s action? Arizona submitted a final complete program revision application to EPA dated July 14, 2017 seeking authorization of changes to its hazardous waste program that correspond to certain federal rules promulgated between May 26, 1998 and July 28, 2006 (also known as RCRA Cluster VIII (Checklist 167D only) and E:\FR\FM\05OCP1.SGM 05OCP1

Agencies

[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Proposed Rules]
[Pages 46453-46454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
crable.gregory@epa.gov.

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
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