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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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46421 

2 62 FR 27968 (May 22, 1997). 

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

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 


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46422 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart CC—Nebraska 

■ 2. Amend § 52.1420(c) by revising 

‘‘129–1’’ and ‘‘129–15’’ to read as 

follows: 

§ 52.1420 Identification of Plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEBRASKA REGULATIONS

Nebraska citation Title State effective 

date EPA approval date Explanation 

State of Nebraska 

Department of Environmental Quality 

Title 129—Nebraska Air Quality Regulations 

129–1 .................. Definitions ....................... 5/13/14 10/5/17, [Insert Federal 

Register citation].

The proposed definition of ‘‘solid waste’’ is 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 Modifications; Reopening 

for Cause.

5/13/14 10/5/17, [Insert Federal 

Register citation].

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Amend appendix A to part 70 by 

adding new paragraph (o) under 

‘‘Nebraska; City of Omaha; LincolnLancaster 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] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF733 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Exchange of Flatfish 

in the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is exchanging unused 

flathead sole and rock sole Community 

Development Quota (CDQ) for yellowfin 


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