Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46417 

* * * * * 

[FR Doc. 2017–21379 Filed 10–4–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2016–0620; FRL–9968–74– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Utah; Revisions to Ozone Offset 

Requirements in Davis and Salt Lake 

Counties 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve State Implementation Plan 

(SIP) revisions submitted by the State of 

Utah on August 20, 2013, and on June 

29, 2017. The submittals revise the 

portions of the Utah Administrative 

Code (UAC) that pertain to ozone offset 

requirements in Davis and Salt Lake 

Counties for major sources. This action 

is being taken under section 110 of the 

Clean Air Act (CAA) (Act). 

DATES: This final rule is effective on 

November 6, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2016–0620. All documents in the docket 

are listed on the http://

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6227, leone.kevin@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 20, 2013, with supporting 

administrative documentation 

submitted on September 12, 2013, Utah 

sent the EPA revisions to their 

nonattainment permitting regulations, 

specifically to address EPA identified 

deficiencies in those regulations that 

may also affect the EPA’s ability to 

approve Utah’s fine particulate matter 

(PM2.5) SIP. These revisions addressed 

R307–403–1 (Purpose and Definitions), 

R307–403–2 (Applicability), R307–403– 

11 (Actual Plant-wide Applicability 

Limits (PALs)), and R307–420 (Ozone 

Offset Requirements in Davis and Salt 

Lake Counties). On June 2, 2016, the 

EPA entered into a consent decree with 

the Center for Biological Diversity, 

Center for Environmental Health, and 

Neighbors for Clean Air regarding a 

failure to act, pursuant to CAA sections 

110(k)(2)–(4), on certain complete SIP 

submissions from states intended to 

address specific requirements related to 

the 2006 p.m.2.5 NAAQS for certain 

nonattainment areas, including the 

submittal from the Governor of Utah 

dated August 20, 2013. 

On February 3, 2017, the EPA 

published a final rulemaking (82 FR 

9138) to conditionally approve the 

revisions in Utah’s August 20, 2013 

submittal, except for the revisions to 

R307–420. The submittal did not 

contain the appropriate supporting 

documentation required for the EPA to 

take action on R307–420. As a result, 

the EPA requested an extension for 

taking action on R307–420, and on 

December 20, 2016, the EPA was 

granted an extension which moved the 

deadline for taking final action on 

R307–420 from January 3, 2017, to 

September 29, 2017 (See docket). Utah 

submitted on June 29, 2017, an 

additional SIP revision that addresses 

the lack of appropriate supporting 

documentation for R307–420. 

II. Response to Comments 

No comments were received on our 

July 14, 2017 notice of proposed 

rulemaking (82 FR 32517). 

III. Final Action 

The EPA is taking final action to 

approve Utah’s revisions to R307–420 

and R307–403–6, as submitted on 

August 20, 2013, and June 29, 2017. 

R307–420 maintains the offset 

provisions of the nonattainment area 

new source review (NNSR) permitting 

program in Salt Lake and Davis 

Counties after the area is re-designated 

to attainment for ozone. R307–420 also 

establishes more stringent offset 

requirements for nitrogen oxides that 

may be triggered as a contingency 

measure under Utah’s ozone 

maintenance plan. R307–420 was also 

modified to include the definitions and 

applicability provisions of R307–403 

(Permits: New and Modified Sources in 

Nonattainment Areas and Maintenance 

Areas) to ensure that the definitions and 

applicability provisions in R307–420 are 

consistent with related permitting rules 

in R307–403. The EPA is taking final 

action to approve these revisions. 

On August 20, 2013, Utah submitted 

revisions to the definitions in the NNSR 

program that addressed certain 

deficiencies in the program. Utah also 

submitted revisions to the 

corresponding definitions in R307–420. 

As explained in our proposed 

rulemaking published on July 14, 2017 

(82 FR 32517), since the EPA had not 

received the 1999 rulemaking that 

created R307–420 as a SIP submittal, we 

were unable to take action on the 

revisions to R307–420 in our February 

3, 2017 (82 FR 9138) final rulemaking 

for Utah’s revisions to Nonattainment 

Permitting Regulations. 

Utah’s June 29, 2017 submittal 

addressed this issue by submitting the 

1999 rule revisions that created R307– 

420 and modified R307–403–6. As these 

rule revisions preserve the ozone 

maintenance plan requirements for 

offsets and contingency measures in Salt 

Lake and Davis Counties while 

improving the clarity of those 

requirements, we proposed to approve 

the 1999 rule revisions on July 14, 2017 

(82 FR 32517). We also proposed to 

approve the remaining portion of the 

August 20, 2013 submittal. 

The EPA is taking final action to 

approve the subsequent revisions to 

R307–420, submitted on August 20, 

2013, that Utah promulgated to ensure 

that the definitions and applicability 

provisions in R307–420 are consistent 

with related permitting rules in R307– 

403. For the reasons explained in our 

July 14, 2017 notice of proposed 

rulemaking, the definitions and 

applicability provisions in R307–403 are 

consistent with requirements for NNSR 

programs found in 40 CFR 51.165. 

While R307–420 is part of the ozone 

maintenance plan for Salt Lake and 

Davis Counties and not part of the 

NNSR program, and therefore, not 

directly subject to the requirements in 

40 CFR 51.165, we view the 

corresponding revisions to the 

definitions and applicability provisions 

as strengthening the maintenance plan. 

Specifically, the EPA is approving the 


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46418 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

following revisions to Utah’s 

nonattainment permitting regulations: 

TABLE 1—REVISED SECTIONS AS PUBLIC NOTICED IN THE UTAH STATE BULLETIN ON MARCH 1, 1999 

(Submitted on June 29, 2017) 

Adds Section R307–420–1 (Purpose). 

Adds Section R307–420–2 (Definitions). 

Adds Section R307–420–3 (Applicability). 

Adds Section R307–420–4 (General Requirements). 

Adds Section R307–420–5 (Contingency Measure: Offsets for Oxides of Nitrogen). 

Revises Section R307–403–6 (Offsets: Ozone Nonattainment Areas and Davis and Salt Lake Counties). 

1. Removes the phrase: ‘‘and Davis and Salt Lake Counties’’ from title. 

2. Adds the phrase: ‘‘In any ozone nonattainment area’’. 

3. Adds the phrase ‘‘42 U.S.C. 7511a’’. 

4. Removes the language: 

‘‘As outlined in Section 182 of the federal Clean Air Act, for moderate areas, the emission offset ratio must be at least 1.15.1. 

(1) Ozone Maintenance Plan, Salt Lake and Davis Counties. In the event that the contingency measures described in Section IX, Part 

D.2.h.(3) of the State Implementation Plan are triggered, the offset requirement in (2) below shall apply to emissions of both volatile 

organic compounds and oxides of nitrogen. 

(2) The emission offset ratio must be at least 1.2.1, and offset must be obtained for the same pollutant for which the source or modification has been deemed ‘‘major’’. 

TABLE 2—REVISED SECTIONS SUBMITTED ON AUGUST 20, 2013 

R307–420–1 (Purpose) the phrase: ‘‘Except as provided in R307–420–2, the definitions in R307–403–1 apply to R307–420.’’ 

R307–420–3 (Applicability) the new paragraph: (3) The applicability provision in R307–403–2(1)(a) through (f) and R307–403–2(2)(2) through 

(7) apply in R307–420.’’ 

Please refer to the August 20, 2013 

and June 29, 2017 submittal for further 

details on these revisions. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the UDAQ 

rules as described in the amendments to 

40 CFR part 52 set forth in this 

document. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and/or at the EPA 

Region 8 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 the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the 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 the EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations 42 U.S.C. 7410(k); 40 

CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact in a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where the 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). 

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 


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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46419 

of the United States. The EPA will 

submit a report containing this action 

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 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 Clean 

Air Act, 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 action 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. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 20, 2017. 

Suzanne J. Bohan, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart TT—Utah 

■ 2. Section 52.2320, paragraph (c), is 

amended as follows: 

■ a. Under the centered heading ‘‘R307– 

403. Permits: New and Modified 

Sources in Nonattainment Areas and 

Maintenance Areas’’: 

■ i. By revising the table entry for 

‘‘R307–403.’’ 

■ ii. By adding a table entry for ‘‘R307– 

403–6’’ in numerical order. 

■ b. By adding a centered heading 

‘‘R307–420. Permits: Ozone Offset 

Requirements in Davis and Salt Lake 

Counties’’ and table entries for ‘‘R307– 

420–1’’, ‘‘R307–420–2’’, ‘‘R307–420–3’’, 

‘‘R307–420–4’’, and ‘‘R307–420–5’’ in 

numerical order. 

The revision and additions read as 

follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

Rule No. Rule title State effective date Final rule 

citation, date Comments 

*******

R307–403. Permits: New and Modified Sources in Nonattainment Areas and Maintenance Areas 

R307–403 ............ Permits: New and 

Modified Sources in 

Nonattainment Areas 

and Maintenance 

Areas.

9/15/1998 71 FR 7679, 2/14/2006 Except for R307–403–1, R307–403–2, R307– 

403–6, R307–403–10, R307–403–11. 

* * * * * * * 

R307–403–6 ........ Offsets: Ozone Nonattainment Areas.9/15/1998 [insert Federal Register citation], 10/5/ 

2017.

* * * * * * * 

R307–420. Permits: Ozone Offset Requirements in Davis and Salt Lake Counties 

R307–420–1 ........ Purpose ........................ 3/1/1999, 7/1/2013 [insert Federal Register citation], 10/5/ 

2017.

R307–420–2 ........ Definitions .................... 3/1/1999, 7/1/2013 [insert Federal Register citation], 10/5/ 

2017.

R307–420–3 ........ Applicability .................. 3/1/1999, 7/1/2013 [insert Federal Register citation], 10/5/ 

2017.

R307–420–4 ........ General Requirements 3/1/1999, 7/1/2013 [insert Federal Register citation], 10/5/ 

2017.

R307–420–5 ........ Contingency Measure: 

Offsets for Oxides of 

Nitrogen.

3/1/1999, 7/1/2013 [insert Federal Register citation], 10/5/ 

2017.


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46420 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 

1The 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.’’ 

* * * * * 

[FR Doc. 2017–21111 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–9968–78– 

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. 

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 Federallyapproved 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 crable.gregory@

epa.gov. 

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. 

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 


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