

[Federal Register: May 8, 2007 (Volume 72, Number 88)]
[Rules and Regulations]               
[Page 25971-25973]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my07-14]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0635; FRL-8308-2]

 
Approval and Promulgation of Implementation Plans; Revisions to 
the Nevada State Implementation Plan; Visible Emissions and Particulate 
Matter Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

[[Page 25972]]

SUMMARY: EPA is finalizing full approval of revisions to the Nevada 
Department of Conservation and Natural Resources portion of the Nevada 
State Implementation Plan (SIP). This action was proposed in the 
Federal Register on March 12, 2007 (72 FR 10960), and approves amended 
visible emissions and particulate matter regulations as well as 
requests for rescission of certain regulations related to visible 
emissions and particulate matter. The intended effect is to approve 
regulations for inclusion into the applicable plan and to rescind 
unnecessary provisions from the applicable plan. We are approving these 
regulations and rescissions in order to regulate emission sources under 
the Clean Air Act as amended in 1990 (CAA or the Act) and to update the 
applicable SIP.

DATES: Effective Date: This rule is effective on June 7, 2007.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0635 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 March 12, 2007 (72 FR 10960), EPA proposed approval of the 
provisions of chapter 445B of the Nevada Administrative Code (NAC) 
listed below.

       Table 1.--Amended Rules Submitted for Approval Into the SIP
------------------------------------------------------------------------
        NAC No.                NAC title          Adopted     Submitted
------------------------------------------------------------------------
445B.22017............  Visible emissions:         10/04/05     01/12/06
                         Maximum opacity;
                         determination.
                         (Effective April 1,
                         2006.).
445B.2202.............  Visible emissions:         10/04/05     01/12/06
                         Exceptions for
                         stationary sources.
                         (Effective April 1,
                         2006.).
445B.22027............  Emissions of               01/22/98     01/12/06
                         particulate matter:
                         Maximum allowable
                         throughput for
                         calculating emissions
                         rates.
445B.2203.............  Emissions of               09/09/99     01/12/06
                         particulate matter:
                         Fuel-burning
                         equipment.
445B.22033............  Emissions of               01/22/98     01/12/06
                         particulate matter:
                         Sources not otherwise
                         limited.
445B.22037............  Emissions of               10/03/95     01/12/06
                         particulate matter:
                         Fugitive dust.
------------------------------------------------------------------------

    Table 2 lists two related rules in the existing SIP for which the 
Nevada Division of Environmental Protection (NDEP) has requested 
rescission. On March 12, 2007 we also proposed to approve these 
rescissions, deleting these rules from the applicable SIP.

                    Table 2.--Related SIP Rules for Which the State Has Requested Rescission
----------------------------------------------------------------------------------------------------------------
                                                                                         Submittal     Approval
                    SIP provision                                   Title                   date         date
----------------------------------------------------------------------------------------------------------------
NAQR Article 16.3.3.1...............................  Opacity from kilns..............     12/29/78     06/18/82
NAC 445.535.........................................  Kilogram-calorie................     10/26/82     03/27/84
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these regulations and rescissions 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 comments from Jennifer L. Carr, Chief, 
Bureau of Air Quality Planning, Nevada Division of Environmental 
Protection (NDEP), by letter dated April 10, 2007. In its comment 
letter, NDEP calls for correction of two specific errors found in EPA's 
Technical Support Document (TSD) (dated February 9, 2007) for the 
proposed rule. With respect to the first error noted by NDEP, we agree 
that the correct effective date for the second of the three submitted 
versions of NAC 445B.2202 is March 1, 2006, not March 2, 2006 as 
incorrectly cited in the TSD. With respect to the second error, we 
agree that the correct units for power plant particulate matter 
emissions standards under the applicable NSPS are ``lb/MMBtu,'' not 
``MMBtu/hour'' as incorrectly cited in the TSD. While we agree with the 
technical corrections identified by the commenter, they do not 
substantively affect the basis for our action.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
sections 110(k)(3) of the Act, EPA is finalizing the approval of the 
provisions listed in Table 1 and also finalizing the approval of the 
rescission requests for the provisions listed in Table 2. This action 
incorporates the six submitted rules into the federally-enforceable SIP 
\1\ and rescinds NAQR Article 16.3.3.1 and NAC 445.535 therefrom.
---------------------------------------------------------------------------

    \1\ Final approval of these rules supersedes the following rules 
in the applicable SIP (superseding rule shown in parentheses): NAC 
445.721 (NAC 445B.22017); NAQR Article 4.3, 4.3.1, 4.3.2, 4.3.3 and 
4.3.5 (NAC 445B.2202); NAC 445.731 (NAC 445B.2203), NAC 445.732 (NAC 
445B.22033), and NAC 445.734 (NAC 445B.22037). NAC 445.729 is not 
superseded by the corresponding submitted rule NAC 445B.22027 
because the former is relied upon by certain SIP rules (e.g., NAC 
445.730) that are being retained in the 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

[[Page 25973]]

22, 2001). This action merely approves state rules 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 rules 
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 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 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. section 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 July 9, 2007. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: April 19, 2007.
Jane Diamond,
Acting 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:
0
a. Adding paragraphs (c)(14)(x) and (c)(25)(iv);
0
b. Revising paragraphs (c)(56)(i)(A)(3)(i), (ii), and (iii); and
0
c. Adding paragraph (c)(56)(i)(A)(3)(viii) to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (14) * * *
    (x) Previously approved on June 18, 1982 in paragraph (c)(14)(viii) 
of this section and now deleted without replacement: Article 16: Rules 
16.3.3.1.
* * * * *
    (25) * * *
    (iv) Previously approved on March 27, 1984 in paragraph 
(c)(25)(i)(A) of this section and now deleted without replacement: 
Nevada Administrative Code (NAC) section: 445.535.
* * * * *
    (56) * * *
    (i) * * *
    (A) * * *
    (3) * * *
    (i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112, 
445B.116, 445B.130, 445B.145, 445B.152, 445B.177, 445B.180, and 
445B.22037.
    (ii) January 22, 1998: 445B.011, 445B.0425, 445B.058, 445B.22027, 
and 445B.22033.
    (iii) September 9, 1999: 445B.2203 and 445B.22047.
* * * * *
    (viii) October 4, 2005: 445B.22017 (effective April 1, 2006) and 
445B.2202 (effective April 1, 2006).
* * * * *
 [FR Doc. E7-8693 Filed 5-7-07; 8:45 am]

BILLING CODE 6560-50-P
