

[Federal Register: August 31, 2006 (Volume 71, Number 169)]
[Rules and Regulations]               
[Page 51766-51767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au06-15]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0464; FRL-8210-2]

 
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 
Implementation Plan (SIP). These revisions were proposed in the Federal 
Register on June 9, 2006, and include the air pollution sections of the 
Nevada Revised Statutes (NRS). We are approving these statutes in order 
to regulate emission sources under the Clean Air Act as amended in 1990 
(CAA or the Act).

DATES: Effective Date: This rule is effective on October 2, 2006.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0464 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 June 9, 2006, (71 FR 33413), EPA proposed to approve into the 
Nevada SIP those statutes that are listed in the table below. These 
statutes were submitted on January 12, 2006 and March 24, 2006.

                     Statutes Submitted for Approval
------------------------------------------------------------------------
  Nevada revised statutes  (NRS)            Title         Submittal date
------------------------------------------------------------------------
445B.105..........................  Definitions.........        01/12/06
445B.110..........................  Air contaminant.....        01/12/06
445B.115..........................  Air pollution.......        01/12/06
445B.120..........................  Commission..........        01/12/06
445B.125..........................  Department..........        01/12/06
445B.130..........................  Director............        01/12/06
445B.135..........................  Federal Act.........        01/12/06
445B.140..........................  Hazardous air               01/12/06
                                     pollutant.
445B.145..........................  Operating permit....        01/12/06
445B.150..........................  Person..............        01/12/06
0.039.............................  Person..............        03/24/06
445B.155..........................  Source and indirect         01/12/06
                                     source.
445B.210..........................  Powers of Commission        01/12/06
445B.220..........................  Additional powers of        01/12/06
                                     Commission.
445B.225..........................  Power of Commission         01/12/06
                                     to require testing
                                     of sources.
445B.235..........................  Additional powers of        01/12/06
                                     Department.
445B.245..........................  Power of Department         01/12/06
                                     to perform or
                                     require test of
                                     emissions from
                                     stacks.
445B.275..........................  Creation; members;          01/12/06
                                     terms.
445B.280..........................  Attendance of               01/12/06
                                     witnesses at
                                     hearing; contempt;
                                     compensation.
445B.300..........................  Operating permit for        01/12/06
                                     source of air
                                     contaminant; notice
                                     and approval of
                                     proposed
                                     construction;
                                     administrative
                                     fees; failure of
                                     Commission or
                                     Department to act.
445B.320..........................  Approval of plans           01/12/06
                                     and specifications
                                     required before
                                     construction or
                                     alteration of
                                     structure.
445B.500..........................  Establishment and           01/12/06
                                     administration of
                                     program; contents
                                     of program;
                                     designation of air
                                     pollution control
                                     agency of county
                                     for purposes of
                                     federal act; powers
                                     and duties of local
                                     air pollution
                                     control board;
                                     notice of public
                                     hearings;
                                     delegation of
                                     authority to
                                     determine
                                     violations and levy
                                     administrative
                                     penalties; cities
                                     and smaller
                                     counties;
                                     regulation of
                                     certain electric
                                     plants prohibited.
445B.510..........................  Commission may              01/12/06
                                     require program for
                                     designated area.
445B.520..........................  Commission may              01/12/06
                                     establish or
                                     supersede county
                                     program.
445B.530..........................  Commission may              01/12/06
                                     assume jurisdiction
                                     over specific
                                     classes of air
                                     contaminants.
445B.540..........................  Restoration of              01/12/06
                                     superseded local
                                     program;
                                     continuation of
                                     existing local
                                     program.
445B.560..........................  Plan or procedure           01/12/06
                                     for emergency.
445B.595..........................  Governmental sources        01/12/06
                                     of air contaminants
                                     to comply with
                                     state and local
                                     provisions
                                     regarding air
                                     pollution; permit
                                     to set fire for
                                     training purposes;
                                     planning and zoning
                                     agencies to
                                     consider effects on
                                     quality of air.
------------------------------------------------------------------------

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

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. We 
did not receive any comments on the proposed action.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted statutes comply with the relevant CAA requirements. 
Therefore, as authorized in section 110(k)(3) of the

[[Page 51767]]

Act, EPA is fully approving these statutes into the Nevada SIP.\1\
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    \1\ Final approval of the submitted statutes supersedes the 
following statutes in the applicable SIP (superseding statute or 
statutes are shown in parentheses): NRS 445.406 (NRS 445B.105); NRS 
445.411 (NRS 445B.110); NRS 445.416 (NRS 445B.115); NRS 445.421 (NRS 
445B.120); NRS 445.424 (NRS 445B.125); NRS 445.427 (NRS 445B.130); 
NRS 445.431 (NRS 445B.135); NRS 445.441 (NRS 445B.150 and NRS 
0.039); NRS 445.446 (NRS 445B.155); NRS 445.461 (NRS 445B.210); NRS 
445.471 (NRS 445B.220); NRS 445.472 (NRS 445B.225); NRS 445.474 (NRS 
445B.235); NRS 445.477 (NRS 445B.245); NRS 445.481 (NRS 445B.275); 
NRS 445.486 (NRS 445B.280); NRS 445.491 (NRS 445B.300); NRS 445.496 
(NRS 445B.320); NRS 445.546 (NRS 445B.500); NRS 445.551 (NRS 
445B.510); NRS 445.556 (NRS 445B.520); NRS 445.561 (NRS 445B.530); 
NRS 445.566 (NRS 445B.540); NRS 445.571 (NRS 445B.560); and NRS 
445.586 (NRS 445B.595). NRS 445B.140 (``Hazardous air pollutant'') 
and NRS 445B.145 (``Operating permit'') are new to the SIP.
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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 state law 
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 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 October 30, 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.

    Dated: August 2, 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 paragraphs (c)(56)(i)(A)(4) and 
(c)(59) to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (56) * * *
    (i) * * *
    (A) * * *
    (4) Title 40, Chapter 445B of Nevada Revised Statutes (2003): 
Sections 445B.105, 445B.110, 445B.115, 445B.120, 445B.125, 445B.130, 
445B.135, 445B.140, 445B.145, 445B.150, 445B.155, 445B.210, 445B.220, 
445B.225, 445B.235, 445B.245, 445B.275, 445B.280, 445B.300, 445B.320, 
445B.500, 445B.510, 445B.520, 445B.530, 445B.540, 445B.560, and 
445B.595.
* * * * *
    (59) The following statute was submitted on March 24, 2006, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) Title 0, Preliminary Chapter-General Provisions, of Nevada 
Revised Statutes: Section 0.039, effective April 29, 1985.

[FR Doc. 06-7316 Filed 8-30-06; 8:45 am]

BILLING CODE 6560-50-P
