

[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Rules and Regulations]               
[Page 62119-62121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no07-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0590; FRL-8489-4]

 
Approval and Promulgation of Implementation Plans; Revisions to 
the Nevada State Implementation Plan; Requests for Rescission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the Nevada 
State Implementation Plan (SIP). These revisions were proposed in the 
Federal Register on August 28, 2006 and include certain regulations and 
statutes for which the State of Nevada is requesting rescission. The 
intended effect is to rescind unnecessary provisions from the 
applicable plan.

DATES: Effective Date: This rule is effective on December 3, 2007.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0590 for 
this action. The index to the docket is available electronically at 
http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While all

[[Page 62120]]

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: Andrew Steckel, EPA Region IX, (415) 
947-4115, steckel.andrew@epa.gov.

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On August 28, 2006 (71 FR 50875), under the Clean Air Act (CAA or 
``Act''), EPA proposed approval of certain revisions to the Nevada SIP 
and disapproval of certain other revisions. These revisions involve 
rules and statutory provisions previously approved in the Nevada SIP 
for which the State of Nevada is requesting rescission.
    In our August 28, 2006 proposed rule, we made final approval of 
those rescission requests that we proposed to approve contingent upon 
the receipt of certain public notice and hearing documentation from the 
State of Nevada. On January 3, 2007 (72 FR 11), based on public notice 
and hearing documentation provided by the State for most of the 
requested rescission, we finalized the rescissions for most of the 
subject rules and statutory provisions. On June 13, 2007 (72 FR 32529), 
we published a second final rule related to our August 28, 2006 
proposed rule. In our June 2007 final rule, we rescinded a Federal 
Implementation Plan (FIP) that we promulgated in the 1970's to regulate 
emissions of sulfur oxides from a now defunct smelter that had operated 
within White Pine County, Nevada.
    In our January 3, 2007 final rule, we listed 12 provisions for 
which the State had yet to provide documentation of public 
participation and for which, therefore, we were deferring final action. 
See 72 FR 11, at 16. On June 26, 2007, the Governor's designee, the 
Nevada Division of Environmental Protection (NDEP), submitted the 
necessary public participation documentation for 11 of the 12 
provisions for which final action had been deferred in our January 3, 
2007 final rule.\1\ The 11 provisions are listed in the table below. 
Based on the documentation provided by NDEP on June 26, 2007, we now 
take final action to approve the requested rescission of the 11 
provisions listed below.
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    \1\ NAC 445.617 (``Six-minute period'') is the lone rescission 
request among the 12 cited in the January 2007 final rule that is 
not being finalized today. In the submittal dated June 26, 2007, 
NDEP requests withdrawal of the rescission request for NAC 445.617 
and, instead, replacement of NAC 445.617 in the SIP with approval of 
the current codification of the rule (i.e., NAC 445B.172). We will 
be taking action on submitted rule NAC 445B.172 in a separate 
document. Also, in the submittal dated June 26, 2007, NDEP provides 
public participation documentation for rescission of NAC 445.667 
(``Excess emissions: Schedule maintenance; testing; malfunctions''), 
a rule covered by our proposal dated December 18, 2006 (71 FR 
75690). We will take final action on rescission of NAC 445.667 in a 
separate document.

                       SIP Provisions for Which the State's Rescission Request Is Approved
----------------------------------------------------------------------------------------------------------------
               SIP provision                                Title                 Submittal date   Approval date
----------------------------------------------------------------------------------------------------------------
NAC 445.477...............................  Confidential information............        10/26/82        03/27/84
NAC 445.554...............................  Nuisance............................        10/26/82        03/27/84
NAC 445.596...............................  Ringelmann chart....................        10/26/82        03/27/84
NAC 445.662...............................  Confidential information............        10/26/82        03/27/84
NAC 445.695...............................  Schedules for compliance............        10/26/82        03/27/84
NAC 445.698...............................  Appeal of director's decision:              10/26/82        03/27/84
                                             Application forms.
NAC 445.700...............................  Violations: Manner of paying fines..        10/26/82        03/27/84
NAC 445.844...............................  Odors...............................        10/26/82        03/27/84
NRS 445.401...............................  Declaration of public policy........        12/29/78        07/10/80
NRS 445.466...............................  Commission regulations: Notice and          12/29/78        07/10/80
                                             hearing.
NRS 445.497...............................  Notice of regulatory action;                12/29/78        07/10/80
                                             Requirement; method; contents of
                                             notice.
----------------------------------------------------------------------------------------------------------------

    The majority of the provisions in the table above represent defined 
terms that are not used by any other provisions in the applicable SIP 
or represent provisions that are not required for SIPs and thus are 
unnecessary and appropriate for rescission. Our proposed action and 
related technical support document (TSD) contain more information on 
the rules and statutory provisions cited above and our evaluation.

II. Public Comments and EPA Responses

    EPA's August 28, 2006 proposed rule provided a 30-day public 
comment period. During this period, we received comments from Jennifer 
L. Carr and Michael Elges, NDEP, by letter dated September 25, 2006. In 
our January 3, 2007 final rule (72 FR 11), we summarized the comments 
from NDEP's letter and provided our responses. With respect to the 11 
provisions for which final action is taken herein, NDEP indicated in 
its September 25, 2006 letter that it would be conducting the necessary 
public notice and hearing. NDEP's June 26, 2007 submittal provides the 
necessary public participation documentation and provides the basis for 
EPA to take this final action to approve the State's request to rescind 
the 11 provisions listed in the table above from the applicable Nevada 
SIP.

III. EPA Action

    No comments were submitted that change our assessment of our 
proposed action. Therefore, as authorized in section 110(k) of the Act, 
EPA is finalizing the approval of the State's request to rescind the 
provisions listed in the table above from the applicable 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

[[Page 62121]]

Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action merely approves rescissions of state 
law that are unnecessary to meet Federal requirements and imposes no 
additional requirements. 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 rescinds requirements under state law 
and does not impose any additional enforceable duty, 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 rescissions of 
state law that are unnecessary to implement 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 January 2, 2008. 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: October 16, 2007.
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)(14)(xi) and 
(c)(25)(ii) to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (14) * * *
    (xi) Previously approved on July 10, 1980 in paragraph (14)(ii) and 
now deleted without replacement: Nevada Revised Statutes (NRS) 
sections: 445.401, 445.466, and 445.497.
* * * * *
    (25) * * *
    (ii) Previously approved on March 27, 1984, in paragraph (25)(i)(A) 
and now deleted without replacement: Nevada Administrative Code (NAC) 
sections: 445.447, 445.554, 445.596, 445.662, 445.695, 445.698, 
445.700, and 445.844.
* * * * *
[FR Doc. E7-21447 Filed 11-1-07; 8:45 am]

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