

[Federal Register: March 27, 2006 (Volume 71, Number 58)]
[Rules and Regulations]               
[Page 15040-15043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr06-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2005-NV-0001; FRL-8045-9]

 
Revisions to the Nevada State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Nevada State

[[Page 15041]]

Implementation Plan (SIP). These revisions were proposed in the Federal 
Register on September 13, 2005 and include definitions, sulfur oxide 
emission regulations, and various other burning regulations. We are 
approving these regulations in order to regulate these emission sources 
under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on April 26, 2006.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2005-NV-0001 
for this action. The index to the docket is available electronically at 
http://regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. 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 in either location (e.g., CBI). To 
inspect the hard copy materials, please schedule an appointment during 
normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415) 
947-4126, rose.julie@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

I. Proposed Action

    On September 13, 2005 (70 FR 53975), EPA proposed to approve into 
the Nevada SIP those regulations that are listed below in Table 1. We 
have revised the submittal date from February 16, 2005 (as listed in 
our proposal) to January 12, 2006 to reflect the most recent submittal 
of the rules to EPA. With respect to the rules listed in Table 1, the 
submittals dated February 16, 2005 and January 12, 2006 are identical, 
and we consider the earlier submittal to be superseded by the later 
submittal. As explained in section II, Public Comments and EPA 
Responses, of this notice, we are not taking final action in this 
notice on five of the definitions for which we had proposed approval in 
our September 13, 2005 notice.

                     Table 1.--Submitted Regulations
------------------------------------------------------------------------
     NAC No.             NAC title            Adopted        Submitted
------------------------------------------------------------------------
445B.001.........  Definitions..........        08/19/04        01/12/06
445B.002.........  Act..................        09/16/76        01/12/06
445B.004.........  Administrator........        08/19/82        01/12/06
445B.005.........  Affected Facility....        10/03/95        01/12/06
445B.006.........  Affected Source......        09/18/01        01/12/06
445B.009.........  Air-conditioning             09/16/76        01/12/06
                    equipment.
445B.011.........  Air pollution........        01/22/98        01/12/06
445B.018.........  Ambient air..........        09/03/87        01/12/06
445B.022.........  Atmosphere...........        09/16/76        01/12/06
445B.030.........  British thermal units        09/03/87        01/12/06
445B.042.........  Combustible refuse...        09/16/76        01/12/06
445B.0425........  Commission...........        01/22/98        01/12/06
445B.047.........  Continuous monitoring        09/16/76        01/12/06
                    system.
445B.051.........  Day..................        09/03/87        01/12/06
445B.053.........  Director.............        09/16/76        01/12/06
445B.055.........  Effective date of the        11/03/93        01/12/06
                    program.
445B.056.........  Emergency............        11/03/93        01/12/06
445B.058.........  Emission.............        01/22/98        01/12/06
445B.059.........  Emission unit........        10/03/95        01/12/06
445B.060.........  Enforceable..........        08/19/82        01/12/06
445B.061.........  EPA..................        11/03/93        01/12/06
445B.072.........  Fuel.................        09/03/87        01/12/06
445B.073.........  Fuel-burning                 08/29/90        01/12/06
                    equipment.
445B.075.........  Fugitive dust........        03/03/94        01/12/06
445B.077.........  Fugitive emissions...        10/03/95        01/12/06
445B.080.........  Garbage..............        09/16/76        01/12/06
445B.086.........  Incinerator..........        09/16/76        01/12/06
445B.091.........  Local air pollution          09/16/76        01/12/06
                    control agency.
445B.095.........  Malfunction..........        09/16/76        01/12/06
445B.097.........  Maximum allowable            09/03/87        01/12/06
                    throughput.
445B.103.........  Monitoring device....        03/03/94        01/12/06
445B.106.........  Multiple chamber             09/16/76        01/12/06
                    incinerator.
445B.109.........  Nitrogen oxides......        03/03/94        01/12/06
445B.112.........  Nonattainment area...        10/03/95        01/12/06
445B.113.........  Nonroad engine.......        05/10/01        01/12/06
445B.1135........  Nonroad vehicle......        05/10/01        01/12/06
445B.116.........  Odor.................        10/03/95        01/12/06
445B.119.........  One-hour period......        09/03/87        01/12/06
445B.121.........  Opacity..............        09/16/76        01/12/06
445B.122.........  Open burning.........        09/16/76        01/12/06
445B.125.........  Ore..................        09/12/78        01/12/06
445B.127.........  Owner or operator....        09/16/76        01/12/06
445B.129.........  Particulate matter...        09/16/76        01/12/06
445B.130.........  Pathological wastes..        10/03/95        01/12/06
445B.135.........  PM10.................        11/18/91        01/12/06
445B.144.........  Process equipment....        09/16/76        01/12/06
445B.145.........  Process weight.......        10/03/95        01/12/06
445B.151.........  Reference conditions.        09/03/87        01/12/06
445B.152.........  Reference method.....        10/03/95        01/12/06

[[Page 15042]]


445B.161.........  Run..................        09/16/76        01/12/06
445B.163.........  Salvage operation....        09/16/76        01/12/06
445B.167.........  Shutdown.............        09/16/76        01/12/06
445B.168.........  Single chamber               11/08/77        01/12/06
                    incinerator.
445B.174.........  Smoke................        09/16/76        01/12/06
445B.176.........  Solid waste..........        09/16/76        01/12/06
445B.177.........  Source...............        10/03/95        01/12/06
445B.180.........  Stack and chimney....        10/03/95        01/12/06
445B.182.........  Standard.............        03/03/94        01/12/06
445B.185.........  Start-up.............        09/16/76        01/12/06
445B.198.........  Uncombined water.....        09/16/76        01/12/06
445B.205.........  Waste................        09/16/76        01/12/06
445B.207.........  Wet garbage..........        09/16/76        01/12/06
445B.209.........  Year.................        09/03/87        01/12/06
445B.211.........  Abbreviations........        08/19/04        01/12/06
445B.2204........  Sulfur emission......        09/16/76        01/12/06
445B.22043.......  Sulfur emissions:            08/19/04        01/12/06
                    Calculation of total
                    feed sulfur.
445B.22047.......  Sulfur emissions:            09/09/99        01/12/06
                    Fuel-burning
                    equipment.
445B.2205........  Sulfur emissions:            08/19/04        01/12/06
                    Other processes
                    which emit sulfur.
445B.22067.......  Open burning.........        02/26/04        01/12/06
445B.2207........  Incinerator burning..        02/26/04        01/12/06
445B.2209........  Reduction of animal          09/16/76        01/12/06
                    matter.
445B.22097.......  Standards of quality         02/26/04        01/12/06
                    for ambient air.
445B.230.........  Plan for reduction of        08/19/04        01/12/06
                    emissions.
------------------------------------------------------------------------

    We proposed to approve these regulations because we determined that 
they complied with the relevant CAA requirements. Our proposed action 
contains more information on the regulations and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received a comment from Jennifer L. Carr, P.E., 
Chief, Bureau of Air Quality Planning, Nevada Division of Environmental 
Protection (NDEP), in a letter dated October 5, 2005. The comment 
requested that EPA not approve two definitions, NAC 445B.063, Excess 
emissions; and NAC 445B.153, Regulated air pollutant, that EPA had 
proposed for approval. In response, we are not taking final action on 
those two definitions in today's notice. EPA will take action on 
revised versions of these provisions in a separate Federal Register 
action.
    While no other comments were received, we have decided, upon 
further review, not to take final action at this time on three 
additional definitions for which we had proposed approval in our 
September 13, 2005 notice: NAC 445B.134, Person; NAC 445B.084, 
Hazardous air pollutant; and NAC 445B.196, Toxic regulated air 
pollutant. We have decided not to take final action on NAC 445B.134, 
Person, because it relies upon two statutory definitions of the term, 
only one of which has been submitted to EPA as a SIP revision. The 
other two definitions, NAC 445B.084, Hazardous air pollutant; and NAC 
445B.196, Toxic regulated air pollutant, do not relate to criteria air 
pollutants and thus are not appropriate for approval as part of the 
SIP. EPA will take action on NAC 445B.134, Person, in a separate 
Federal Register action.
    Lastly, in this notice, we have corrected erroneous adoption dates 
listed in the proposal for the following rules: NAC 445B.103, 
Monitoring device; NAC 445B.125, Ore; and NAC 445B.2205, Sulfur 
emissions: Other processes which emit sulfur.

III. EPA Action

    The comment submitted does not change our assessment of the 
remaining regulations. Therefore, as authorized in section 110(k)(3) of 
the Act, EPA is fully approving these regulations into the Nevada SIP.

IV. 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 by the Office of Management and Budget. For this 
reason, 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 rule 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 rule approves 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, 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). 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 Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from

[[Page 15043]]

Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 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 SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. 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 rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 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 May 26, 2006. 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. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxide.

    Dated: March 7, 2006.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart DD--Nevada

0
2. Section 52.1470 is amended by adding paragraph (c)(56) to read as 
follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (56) The following regulations and statutes were submitted on 
January 12, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following sections of the Nevada Air Quality Regulations 
were adopted on the dates listed below and recodified as Chapter 445B 
of the Nevada Administrative Code in November 1994:
    (i) September 16, 1976: 445B.002, 445B.009, 445B.022, 445B.042, 
445B.047, 445B.053, 445B.080, 445B.086, 445B.091, 445B.095, 445B.106, 
445B.121, 445B.122, 445B.127, 445B.129, 445B.144, 445B.161, 445B.163, 
445B.167, 445B.174, 445B.176, 445B.185, 445B.198, 445B.205, 445B.207, 
445B.2204, and 445B.2209.
    (ii) November 8, 1977: 445B.168.
    (iii) September 12, 1978: 445B.125.
    (2) The following sections of Chapter 445 of the Nevada 
Administrative Code were adopted on the dates listed below and 
recodified as Chapter 445B of the Nevada Administrative Code in 
November 1994:
    (i) August 19, 1982: 445B.004 and 445B.060.
    (ii) September 3, 1987: 445B.018, 445B.030, 445B.051, 445B.072, 
445B.097, 445B.119, 445B.151, and 445B.209.
    (iii) August 29, 1990: 445B.073.
    (iv) November 18, 1991: 445B.135.
    (v) November 3, 1993: 445B.055, 445B.056, and 445B.061.
    (vi) March 3, 1994: 445B.075, 445B.103, 445B.109, and 445B.182.
    (3) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112, 
445B.116, 445B.130, 445B.145, 445B.152, 445B.177, and 445B.180.
    (ii) January 22, 1998: 445B.011, 445B.0425, and 445B.058.
    (iii) September 9, 1999: 445B.22047.
    (iv) May 10, 2001: 445B.113 and 445B.1135.
    (v) September 18, 2001: 445B.006.
    (vi) February 26, 2004: 445B.22067, 445B.2207, and 445B.22097.
    (vii) August 19, 2004: 445B.001, 445B.211, 445B.22043, 445B.2205, 
and 445B.230.

[FR Doc. 06-2868 Filed 3-24-06; 8:45 am]

BILLING CODE 6560-50-P
