
[Federal Register: April 9, 2008 (Volume 73, Number 69)]
[Rules and Regulations]               
[Page 19144-19147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap08-4]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-1155; FRL-8548-8]

 
Approval and Promulgation of Implementation Plans; Revisions to 
the Nevada State Implementation Plan; Updated Statutory and Regulatory 
Provisions; Rescissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act, EPA is approving certain revisions, 
and disapproving certain other revisions, to the Nevada state 
implementation plan. These revisions were the subject of a proposed 
rule published in the Federal Register on December 14, 2007. The 
provisions that EPA is approving include certain definitions; 
prohibitory rules; provisions related to legal authority and 
enforcement; rules establishing opacity, sulfur and volatile organic 
compounds limits; and rescission of abbreviations. EPA is disapproving 
the rescission of a certain definition and the rescission of a rule 
related to emission discharge information. EPA is taking this action 
under the Clean Air Act obligation to take action on submittals of 
revisions to state implementation plans. The effect of this action is 
to update the Nevada state implementation plan with amended or 
recodified rules and to rescind a provision found to be unnecessary for 
further retention in the plan.

DATES: Effective Date: This rule is effective on May 9, 2008.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2007-1155 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 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
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On December 14, 2007 (72 FR 71095), under the Clean Air Act (CAA or 
``Act''), EPA proposed approval of certain revisions, and disapproval 
of certain other revisions, to the Nevada state implementation plan 
(SIP) that had been submitted by the Nevada Division of Environmental 
Protection (NDEP) on January 12, 2006 and June 26, 2007.
    Specifically, in our December 14, 2007 action, we proposed to 
approve the amended rules or statutory provisions shown in table 1. In 
today's document, we are taking final action on the provisions in table 
1 as we had proposed on December 14, 2007, except for NRS 445B.310 for 
which we take no action today, as explained below. The provisions 
listed in table 1 replace early 1980's versions of these provisions. We 
proposed to approve the provisions in table 1 based on our review of 
applicable CAA and EPA regulatory requirements and a comparison of the 
provisions with the corresponding existing SIP provisions that they 
would replace. In general, we found that the submitted provisions 
mirror the corresponding provisions in the existing SIP or strengthen 
the SIP by eliminating exceptions, deleting limitations, or expanding 
legal authority, and on that basis, found that they would not interfere 
with attainment or maintenance of the national ambient air quality 
standards (NAAQS).
    With respect to public participation requirements under CAA section 
110(l), in our December 14, 2007 proposed rule, we found that adequate 
documentation had been submitted by NDEP (or otherwise acquired by EPA) 
to show compliance with CAA procedural requirements for SIP revisions 
under CAA section 110(l) except for NRS 445B.310. Thus, we made our 
proposed approval of NRS 445B.310 contingent upon receipt of 
documentation of notice and opportunity for public hearing on adoption 
of NRS 445B.310 as a revision to the Nevada SIP. We have not received 
this documentation and thus are not taking final action on NRS 445B.310 
in this document.

                                Table 1.--Submitted Rules and Statutory Provision
----------------------------------------------------------------------------------------------------------------
              Submitted NAC or NRS                             Title               Adoption date  Submittal date
----------------------------------------------------------------------------------------------------------------
NAC 445B.172....................................  ``Six-Minute Period'' defined.        09/16/76        06/26/07
NAC 445B.190....................................  ``Stop order'' defined........        11/03/93        06/26/07
NAC 445B.220....................................  Severability..................        09/06/06        06/26/07
NAC 445B.225....................................  Prohibited conduct:                   10/03/95        06/26/07
                                                   Concealment of emissions.
NAC 445B.227....................................  Prohibited conduct: Operation         10/03/95        01/12/06
                                                   of source without required
                                                   equipment; removal or
                                                   modification of required
                                                   equipment; modification of
                                                   required procedure.
NAC 445B.229....................................  Hazardous emissions: Order for        10/03/95        06/26/07
                                                   reduction or discontinuance.
NAC 445B.275....................................  Violations: Acts constituting;        03/08/06        06/26/07
                                                   notice.
NAC 445B.277....................................  Stop orders...................        03/08/06        06/26/07

[[Page 19145]]


NRS 445B.310....................................  Limitations on enforcement of      No adoption        06/26/07
                                                   federal and state regulations            date
                                                   concerning indirect sources.
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    In our December 14, 2007 proposed rule, we proposed action on three 
rules (listed in table 2, below) that NDEP seeks to rescind from the 
existing SIP. NDEP's rescissions of NAC 445.655 and NAC 445.694 are 
included in a January 12, 2006 SIP submittal, and NDEP's rescission of 
NAC 445.436 is included in a June 26, 2007 SIP submittal. In our 
proposed rule, we proposed to disapprove the rescission of NAC 445.436 
(`` `Air contaminant' defined'') because it is relied upon by certain 
SIP rules that remain in the applicable SIP. We proposed to approve the 
rescission of NAC 445.655 (``Abbreviations'') because the abbreviations 
listed therein that are not simply superseded by our approval of the 
current version of the rule (i.e., NAC 445B.211 (``Abbreviations''), 
approved on March 27, 2006 at 71 FR 15040) are not relied upon by any 
rules in the applicable SIP. Lastly, with respect to NAC 445.694 
(``Emission discharge information''), we proposed to disapprove the 
rescission because we found that the rule is needed to comply with 
requirements under 40 CFR 51.116(c). We are taking final action in 
today's document on the requested rescissions listed in table 2 as we 
had proposed on December 14, 2007.

                                         Table 2.--Requested Rescissions
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                   SIP rule                                  Title                Submittal date   Approval date
----------------------------------------------------------------------------------------------------------------
NAC 445.436..................................  ``Air contaminant'' defined......        10/26/82        06/26/84
NAC 445.655..................................  Abbreviations....................        10/26/82        06/26/84
NAC 445.694..................................  Emission discharge information...        10/26/82        06/26/84
----------------------------------------------------------------------------------------------------------------

    In our December 14, 2007 proposed rule, we proposed to approve rule 
recodifications submitted by NDEP to EPA on June 26, 2007 to replace 
corresponding SIP rules recently approved by EPA in the Nevada SIP (see 
table 3). The recodified rules reflect the January 2007 update to 
chapter 445B of the Nevada Administrative Code (NAC), as published by 
the Nevada Legislative Counsel Bureau. On the basis of a comparison of 
the rule recodifications submitted by NDEP and listed in table 3 above 
with the corresponding SIP rules, we found all of the changes, which 
include revised titles and updates to internal rule references and 
historical notes, to be administrative in nature and acceptable. 
Therefore, we are taking final action in today's document to approve 
the rule recodifications listed in table 3 as proposed on December 14, 
2007.

                Table 3.--Submitted Rule Recodifications
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        Recodified rule                   Title           Submittal date
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NAC 445B.001..................  Definitions.............        06/26/07
NAC 445B.063..................  ``Excess emissions''            06/26/07
                                 defined..
NAC 445B.153..................  ``Regulated air                 06/26/07
                                 pollutant'' defined.
NAC 445B.22017................  Visible emissions:              06/26/07
                                 Maximum opacity;
                                 determination and
                                 monitoring of opacity.
NAC 445B.2202.................  Visible emissions:              06/26/07
                                 Exceptions for
                                 stationary sources.
NAC 445B.22043................  Sulfur emissions:               06/26/07
                                 Calculation of total
                                 feed sulfur.
NAC 445B.2205.................  Sulfur emissions: Other         06/26/07
                                 processes which emit
                                 sulfur.
NAC 445B.22093................  Organic solvents and            06/26/07
                                 other volatile
                                 compounds.
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    Our December 14, 2007 proposed rule and related technical support 
document (TSD) provide additional background information and a more 
detailed rationale for our actions summarized above.

II. Public Comments

    EPA's December 14, 2007 proposed rule provided a 30-day public 
comment period. No comments were submitted.

III. EPA Action

    As authorized under section 110(k) of the Act, and for the reasons 
described above and in our proposed rule, EPA is approving certain 
revisions, and disapproving certain other revisions, to the Nevada SIP 
submitted by NDEP on January 12, 2006 and June 26, 2007. Specifically, 
we are approving the provisions listed in table 1, above, except for 
NRS 445B.310; we are approving the rescission of NAC 445.655 
(``Abbreviations''); and we are approving the rule recodifications 
listed in table 3, above.\1\ We are disapproving the rescissions of NAC 
445.436 (``Air contaminant'' defined) and NAC 445.694 (``Emission 
discharge information''). We will take final action on our proposed 
approval of NRS 445B.310 in a separate document upon receipt of 
documentation of notice and opportunity for public hearing on

[[Page 19146]]

adoption of NRS 445B.310 as a revision to the Nevada SIP.
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    \1\ Upon the effective date of today's final rule, the following 
provisions will be superseded in the applicable SIP upon the 
established compliance date for any new or amended requirements in 
the superseding provisions (superseding rules from table 1 shown in 
parentheses): NAC 445.617 (NAC 445B.172), NAC 445.630 (NAC 
445B.190), NAC 445.660 (NAC 445B.220), NAC 445.663 (NAC 445B.225), 
NAC 445.664 (NAC 445B.227), NAC 445.665 (NAC 445B.229), NAC 445.696 
(NAC 445B.275), and NAC 445.697 (NAC 445B.277). Also, upon the 
effective date of this final rule, the rule recodifications listed 
in table 3 of this document will supersede existing SIP rules with 
the same section number in NAC chapter 445B.
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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. 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, 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 June 9, 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: January 24, 2008.
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:
0
a. Adding paragraph (c)(25)(v);
0
b. Revising paragraph (c)(56)(i)(A)(3)(i); and
0
c. Adding paragraph (c)(66) to read as follows:


Sec.  52.1470   Identification of plan.

* * * * *
    (c) * * *
    (25) * * *
    (v) 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: 445.655.
* * * * *
    (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, 445B.22037, 
and 445B.227.
* * * * *
    (66) The following plan revision was submitted on June 26, 2007 by 
the Governor's designee. All section citations listed below refer to 
the January 2007 codification of chapter 445B of the Nevada 
Administrative Code as published by the Nevada Legislative Counsel 
Bureau.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) The following section of the Nevada Air Quality Regulations was 
adopted on the date listed below and recodified as Chapter 445B of the 
Nevada Administrative Code in November 1994:
    (i) September 16, 1976, effective date December 4, 1976: 445B.172, 
``Six-Minute Period defined.''
    (2) The following section of Chapter 445 of the Nevada 
Administrative Code was adopted on the date listed below and recodified 
as Chapter 445B of the Nevada Administrative Code in November 1994:
    (i) November 3, 1993: 445B.190, ``Stop order defined.''
    (3) The following sections of Chapter 445B of the Nevada 
Administrative Code were adopted on the dates listed below:
    (i) October 3, 1995: 445B.225, ``Prohibited conduct: Concealment of

[[Page 19147]]

emissions;'' and 445B.229, ``Hazardous emissions: Order for reduction 
or discontinuance.''
    (ii) August 19, 2004, effective date September 24, 2004: 445B.001, 
``Definitions;'' 445B.22043, ``Sulfur emissions: Exceptions for 
stationary sources;'' and 445B.2205, ``Sulfur emissions: Other 
processes which emit sulfur.''
    (iii) October 4, 2005: 445B.063, ``Excess emissions defined;'' 
445B.153, ``Regulated air pollutant defined;'' 445B.22017, ``Visible 
emissions: Maximum opacity; determination and monitoring of opacity;'' 
445B.2202, ``Visible emissions: Exceptions for stationary sources;'' 
and 445B.22093, ``Organic solvents and other volatile compounds.''
    (iv) March 8, 2006: 445B.275, ``Violations: Acts constituting; 
notice;'' and 445B.277, ``Stop orders.''
    (v) September 6, 2006: 445B.220, ``Severability.''
* * * * *
[FR Doc. E8-7046 Filed 4-8-08; 8:45 am]

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