46450 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 

1See 77 FR 30160 ‘‘Implementation of the 2008 

National Ambient Air Quality Standards for Ozone: 

Nonattainment Area Classifications Approach, 

Attainment Deadlines and Revocation of the 1997 

Ozone Standards for Transportation Conformity 

Purposes.’’ 

2See 77 FR 30088, ‘‘Air Quality Designations for 

the 2008 Ozone National Ambient Air Quality 

Standards.’’ 

3The air quality design value for the 8-hour 

ozone NAAQS is the three-year average of the 

annual fourth highest daily maximum eight-hour 

average ozone concentration. See 40 CFR part 50, 

appendix I. 

4 In pursuant to the United States Court of 

Appeals for the District of Columbia Circuit ruling 

in favor of the EPA’s inclusion of Wise County in 

the DFW 2008 eight-hour ozone nonattainment area 

as lawful (see USCA Case #12–1309). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0832; FRL–9968–21– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology for Volatile Organic 

Compound Emissions in the DallasFort Worth Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or ACT), the 

Environmental Protection Agency (EPA) 

is proposing approval of revisions to the 

State Implementation Plan (SIP) 

submitted by the State of Texas through 

the Texas Commission on 

Environmental Quality (TCEQ) on July 

10, 2015. The Texas SIP submission 

revises rules for control of volatile 

organic compounds (VOC) to assist the 

Dallas-Fort Worth (DFW) moderate 

nonattainment area (NAA) in attaining 

the 2008 eight-hour ozone (O3) National 

Ambient Air Quality Standards 

(NAAQS). The submission includes 

Wise County, a county added as part of 

the 2008 ozone moderate NAA area. We 

are proposing to approve the submitted 

rules as part of the DFW 2008 ozone SIP 

and as meeting Reasonably Available 

Control Technology (RACT). We are also 

proposing to approve negative 

declarations for certain source 

categories subject to RACT in the DFW 

moderate NAA. 

DATES: Written comments must be 

received on or before November 6, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0832, at http://

www.regulations.gov or via email to 

todd.robert@epa.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, 

please contact Mr. Robert M. Todd, 

(214) 665–2156, todd.robert@epa.gov. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Robert M. Todd, (214) 665–2156, 

todd.robert@epa.gov. To inspect the 

hard copy materials, please contact Mr. 

Todd or Mr. Bill Deese (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ means the EPA. 

Table of Contents 

I. Background on Dallas-Fort Worth (DFW) 

2008 Eight-Hour O3 Nonattainment Area 

(NAA) Designation and Classification 

II. Background on Chapter 115 Proposed Rule 

Revisions 

III. Evaluation of Texas’ Proposed Chapter 

115 Volatile Organic Compound (VOC) 

Control SIP 

IV. Reasonably Achievable Control 

Technology in the DFW NAA 

V. The EPA’s Proposed Action 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Background on DFW 2008 Eight-Hour 

O3 NAA Designation and Classification 

On March 27, 2008, the EPA revised 

the primary and secondary O3 standard 

to a level of 75 parts per billion (ppb). 

Promulgation of a NAAQS triggers a 

requirement for the EPA to designate 

areas as nonattainment, attainment, or 

unclassifiable, and to classify the NAAs 

at the time of designation. 

On May 21, 2012, the EPA established 

initial area designations for most areas 

of the country with respect to the 2008 

primary and secondary eight-hour O3

NAAQS. The EPA published two rules 

addressing final implementation 1 and 

air quality designations.2 The 

implementation rule established 

classifications, associated attainment 

deadlines, and revoked the 1997 O3

standards for transportation conformity 

purposes. The designation rule finalized 

the NAA boundaries for areas that did 

not meet the 75 ppb standard. 

Furthermore, the finalized boundaries 

were classified according to the severity 

of their O3 air quality problems as 

determined by each area’s design 

value.3 The O3 classification categories 

were defined as Marginal, Moderate, 

Serious, Severe, or Extreme. 

Effective July 20, 2012, the DFW 2008 

eight-hour O3 NAA was classified as 

moderate, consisting of ten counties: 

Collin, Dallas, Denton, Ellis, Johnson, 

Kaufman, Parker, Rockwall, Tarrant, 

and Wise County. With the exception of 

Wise County, all of these counties were 

designated as nonattainment with a 

serious classification under the 1997 O3

standard. Although the DFW NAA was 

most recently classified as moderate, the 

first nine counties are still required to 

meet their more stringent serious 

classification requirements previously 

designated under the 1997 O3 standard. 

Wise County, however, is required to 

meet the moderate classification 

requirements since it is newly 

designated as nonattainment for the 

DFW area.4 Previously, Wise County 

was classified as an attainment area and 

was exempt from the O3 NAA 

requirements under the 1997 eight-hour 

O3 standard. 

States are required to adopt control 

measures that implement Reasonably 

Available Control Technology (RACT) 

on major sources of VOC emissions. The 

major source emission threshold level 

for the first nine counties (Collin, 

Dallas, Denton, Ellis, Johnson, Kaufman, 

Parker, Rockwall, and Tarrant) remains 

at a potential to emit (PTE) of 50 tons 

per year (tpy) VOC based on its serious 

classification under the 1997 standard. 

The major source threshold in Wise 

County is 100 tpy VOC based on the 

moderate classification requirement. 


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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 46451 

5See 74 FR 1903. 

6This is not an exhaustive list of changes to the 

30 TAC Chapter 115 rules. For a complete summary 

of all Chapter 115 sections associated with this SIP 

revision, please refer to the Technical Support 

Document (TSD), a copy of which is posted in the 

docket of this proposal. 

7The content of § 115.417 detailed exemptions to 

Chapter 115 requirements. These exemptions were 

moved to the new § 115.411. This action reorders 

existing, approvable exemptions and does not alter 

the expected VOC control levels in the DFW NAA. 

II. Background on Chapter 115 

Proposed Rule Revisions 

On July 10, 2015 the EPA received the 

TCEQ’s submitted rule revisions to 30 

TAC, Chapter 115 ‘‘Control of Air 

Pollution from Volatile Organic 

Compounds.’’ The State revised Chapter 

115 for all major sources of VOC in the 

2008 DFW O3 NAA for the 

implementation of RACT requirements 

in all counties as required by CAA, 

section 172(c)(1) and section 182(f). The 

state previously adopted Chapter 115 

VOC rules for sources in the DFW area 

as part of the SIP submitted on May 30, 

2007, for the 1997 eight-hour O3

standard. The EPA approved those rules 

on January 14, 2009.5 The scope of the 

Chapter 115 rule revisions implement 

the following: 6

• Add VOC emission limits and 

control requirements to major sources in 

newly designated Wise County. 

• Amend VOC emissions control 

requirements in the DFW NAA; 

• Amend testing, monitoring and 

recordkeeping requirements for VOC 

sources in the DFW NAA; 

• Amend exemptions from VOC 

control requirements in the DFW NAA; 

• Amend compliance schedules for 

affected sources in the DFW NAA, 

including adding new compliance date 

of January, 2017 for newly affected 

sources in Wise County; 

• Add definitions to reflect the 

change in attainment status of Wise 

County; 

A complete summary along with all 

non-substantive changes pertaining to 

reformatting, restructuring, 

reorganizing, and administrative 

revisions will be referenced in the 

Technical Support Document (TSD), 

‘‘2008 8-Hour Ozone Nonattainment 

Area VOC SIP Demonstration and 

Reasonably Available Control 

Technology for Volatile Organic 

Compounds Sources in the Dallas-Fort 

Worth 2008 8-Hour Ozone 

Nonattainment Area’’ a copy of which is 

posted in the docket of this proposal. 

Table 1 contains a list of the new 

sections of Chapter 115 with adopted 

subchapters, divisions, and key sections 

associated with the July 10, 2015 DFW 

2008 eight-hour O3 SIP submittal. 

TABLE 1—PROPOSED NEW SECTIONS

OF 30 TAC CHAPTER 115 TO BE

ADDED TO THE TEXAS SIP 

Description Section 

Description and Sections of 30 TAC 

Chapter 115 Proposed New Section 

Subchapter E: Division 1 ..... §§ 115.410, 

115.411. 

Table 2 contains a list of the sections 

of Chapter 115 with adopted 

subchapters, divisions, and key sections 

with modifications associated with the 

July 10, 2015 DFW 2008 eight-hour O3

SIP submittal. 

TABLE 2—PROPOSED AMENDED SECTIONS OF 30 TAC CHAPTER 115 IN THE TEXAS SIP 

Description Section 

Description and Sections of 30 TAC Chapter 115 Proposed Modified Sections 

Subchapter A: Definitions ...................................................................................... § 115.10. 

Subchapter B: Division 1 ....................................................................................... §§ 115.110–115.112, 115.114, 115.115, 115.117–115.119. 

Subchapter B: Division 2 ....................................................................................... §§ 115.121, 115.122. 115.125–115.127, 115.129. 

Subchapter B: Division 3 ....................................................................................... § 115.139. 

Subchapter C: Division 1 ....................................................................................... § 115.215, § 115.219. 

Subchapter C: Division 2 ....................................................................................... § 115.229. 

Subchapter C: Division 3 ....................................................................................... § 115.239. 

Subchapter D: Division 3 ....................................................................................... § 115.359. 

Subchapter E: Division 1 ....................................................................................... §§ 115.415, 115.416, 115.419. 

Subchapter E: Division 2 ....................................................................................... §§ 115.420–115.423, 115.425–115.427, 115.429. 

Subchapter E: Division 4 ....................................................................................... §§ 115.440–115.442, 115.446, 115.449. 

Subchapter E: Division 5 ....................................................................................... §§ 115.450, 115.451, 115.453, 115.459. 

Subchapter E: Division 6 ....................................................................................... §§ 115.460, 115.461, 115.469. 

Subchapter E: Division 7 ....................................................................................... §§ 115.471, 115.473, 115.479. 

Subchapter F: Division 1 ....................................................................................... § 115.519. 

Table 3 contains a section of Chapter 

115 proposed for repeal from the SIP by 

the TCEQ, along with the relevant 

identifying subchapter and division. 

TABLE 3—PROPOSED SECTIONS OF 30 

TAC CHAPTER 115 TO BE DELETED

FROM THE TEXAS SIP 

Description Section 

Description and Sections of 30 TAC 

Chapter 115 Proposed Repealed Section 

Subchapter E: Division 1 ..... § 115.417 7

III. Evaluation of Texas’ Proposed 

Chapter 115 VOC Control SIP 

Previous Chapter 115 modifications 

addressed TCEQ’s plan to comply with 

the 1997 eight-hour O3 attainment 

standard and RACT requirements for 9 

counties in the DFW area and were 

approved into the state’s SIP on January 

14, 2009 (74 FR 1903). We are not 

proposing to alter that determination. 

As described above, the DFW NAA for 

the 2008 O3 standard now includes 

Wise County along with the other 9 

counties in the area. 

In today’s action, we are proposing to 

approve revisions for TCEQ rule 

changes as part of the DFW moderate 

NAA area that would extend these same 

control requirements to sources in Wise 

County. The TCEQ provided 

information addressing the applicability 

of Chapter 115, Control of Air Pollution 

from Volatile Organic Compounds 

Regulations to sources with emissions 

equal to or greater than 100 tpy of VOCs 

in Wise County. 


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46452 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 

A complete evaluation of the TCEQ 

rules changes can be found in the TSD 

to this proposal that is included in the 

official docket. The changes TCEQ made 

includes ministerial changes as well as 

substantive ones such as the addition of 

control requirements that apply to 

sources in Wise County. 

IV. Reasonably Achievable Control 

Technology in the DFW NAA 

As noted above, the TCEQ’s July 12, 

2015, submission included a RACT 

demonstration that VOC control 

measures in 30 TAC Chapter 115 

applied to major sources in the DFW 

moderate NNA, including Wise County. 

The TCEQ also provided information 

addressing the applicability of Control 

Technology Guidelines (CTG) and 

Alternative Control Technology (ACT) 

documents for VOC sources with 

emissions equal to or greater than 100 

tpy of VOCs in Wise County. The TCEQ 

also provided negative declaration 

information for certain of these source 

categories in Wise County. Furthermore, 

the TCEQ demonstrated that any major 

source in the DFW NNA not covered by 

a CTG or ACT is controlled and meets 

RACT and that the negative declarations 

provided by the TCEQ and addressed in 

detail in the TSD to this proposal, are 

approvable. 

The requirements for RACT are 

included in 182(b)(2) of the Act and 

further explained in our ‘‘SIP 

Requirements Rule’’ of March 6, 2015 

(80 FR 12279), which explains States 

should refer to existing CTGs and ACT 

documents as well as all relevant 

technical information including recent 

technical information received during 

the public comment period to determine 

if RACT is being applied. States may 

conclude, in some cases, that sources 

already addressed by RACT 

determinations to meet the 1-Hour and/ 

or the 1997 8-Hour O3 NAAQS do not 

need to implement additional controls 

to meet the 2008 ozone NAAQS RACT 

requirement. See 40 CFR 51.1112. The 

EPA has previously found that Texas 

VOC rules meet RACT for the 1-Hour 

and the 1997 8-Hour standards. See 74 

FR 1903, January 14, 2009 and 80 FR 

16291, March 27, 2015. 

We have reviewed the emission 

limitations and control requirements 

detailed in 30 TAC Chapter 115 and 

compared them against EPA’s CTG 

documents and guidelines. Based on our 

review and evaluation, we found the 

emission limitations and control 

requirements in 30 TAC Chapter 115 

apply to the source categories covered 

by our guidance and CTG documents, 

and that the corresponding sections in 

30 TAC Chapter 115 provide for the 

lowest emission limitation through 

application of control techniques that 

are reasonably available considering 

technological and economic feasibility. 

Also, the TCEQ demonstrated that any 

major source in the DFW NNA not 

covered by a CTG or ACT is controlled 

and meets RACT. 

Based on the above evaluation, we are 

proposing to determine that the 

applicable emission limitations and 

control requirements in 30 TAC Chapter 

115 represent RACT under the 2008 8- 

Hour ozone NAAQS. 

A complete evaluation of how the 

TCEQ rules meet the requirements of 

the EPAs CTGs, ACTs and RACT 

requirements can be found in the TSD 

to this proposal that is included in the 

official docket. In particular, see pages 

13–21 of the TSD. 

V. The EPA’s Proposed Action 

The EPA is proposing to approve the 

submitted TAC Chapter 115 SIP 

revisions into the SIP because these 

revisions will assist the DFW area reach 

attainment under the 2008 8-Hour O3

NAAQS by reducing VOC emissions for 

affected sources in the DFW area. The 

EPA is proposing to approve all 

revisions for the amended, repealed, 

and new sections of Chapter 115 that are 

being submitted for inclusion into the 

SIP. The EPA is also making a 

determination that the TCEQ rules 

included in these revisions will meet 

the RACT requirements of the CAA 

§ 182(b) for the 2008 O3 NAAQS. We are 

also making a determination that the 

negative declarations provided by the 

TCEQ are approvable. 

VI. Incorporation by Reference 

In this action, the EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

revisions to the Texas regulations as 

described in the Proposed Action 

section above. The EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the EPA Region 6 office. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this action 

merely proposes to approve 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 Orders 12866 (58 FR 51735, 

October 4, 1993), 13563 (76 FR 3821, 

January 21, 2011) and 13771 (82 FR 

9339, February 2, 2017); 

• 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 on 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 CAA; and 

• Does not provide 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). 

In addition, 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 proposed 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 


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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 46453 

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 

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 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://

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 


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