
[Federal Register: April 3, 2009 (Volume 74, Number 63)]
[Rules and Regulations]               
[Page 15219-15221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap09-3]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-1155; FRL-8767-5]

 
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.

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

SUMMARY: Under the Clean Air Act, EPA is approving a revision to the 
Nevada state implementation plan involving legal authority. This 
revision was one of the provisions that were the subject of a proposed 
rule published in the Federal Register on December 14, 2007. 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.

DATES: Effective Date: This rule is effective on May 4, 2009.

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, Previous Related Final Rule, and State 
Submittal of Public Process Documentation
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. The provisions 
that were proposed for approval on December 14, 2007 included certain 
definitions; prohibitory rules; provisions related to legal authority 
and enforcement; rules establishing opacity, sulfur and volatile 
organic compound limits; and rescission of abbreviations. The proposed 
disapprovals related to rescission of a certain definition and 
rescission of a rule related to emission discharge information. In our 
proposed rule, we indicated that that the approval of a certain 
statutory provision related to legal authority (i.e., [Nevada Revised 
Statutes (NRS) section 445B.310

[[Page 15220]]

(``Limitations on enforcement of Federal and State regulations 
concerning indirect sources'')], which had been included in NDEP's June 
26, 2007 SIP revision submittal, would be contingent upon the receipt 
of necessary evidence of public process supporting the State adoption 
of NRS section 445B.310 as a revision to the Nevada SIP. Contingent, as 
noted, upon receipt of the public process documentation, we proposed 
approval of NRS section 445B.310 in our December 14, 2007 action 
because we found that it strengthens the SIP and provides the necessary 
legal authority to implement indirect source programs, where necessary 
to meet the national ambient air quality standards.
    Our December 14, 2007 proposed rule and related technical support 
document (TSD) provide additional background information and a more 
detailed rationale for our proposed approval of NRS section 445B.310.

II. Public Comments, Previous Related Final Rule, and State Submittal 
of Public Process Documentation

    EPA's December 14, 2007 proposed rule provided a 30-day public 
comment period, and no comments were submitted. On April 9, 2008 (73 FR 
19144), we took final action on all of the provisions that were the 
subject of our December 14, 2007 proposed rule except for NRS section 
445B.310. As to NRS section 445B.310, we had not yet received the 
necessary public process documentation and indicated that we were 
deferring final action to a separate document. See 73 FR 19144, at 
19145 (April 9, 2008).
    By letter dated November 25, 2008, NDEP submitted materials 
documenting public notice and the opportunity for public hearing on NRS 
section 445B.310 as a revision to the Nevada SIP. We have reviewed 
these materials and find that they satisfy the public process 
requirements for SIP revisions under CAA section 110(l). Therefore, we 
take final action today to approve NRS 445B.310, as submitted by NDEP 
on June 26, 2007, as a revision to the Nevada SIP.

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 NRS section 
445B.310 (``Limitations on enforcement of federal and state regulations 
concerning indirect sources''), as submitted by NDEP on June 26, 2007, 
as a revision to the Nevada SIP.\1\
---------------------------------------------------------------------------

    \1\ Upon the effective date of today's final rule, the following 
provision will be superseded in the applicable SIP (superseding 
provision shown in parentheses): NRS 445.493 (NRS 445B.310).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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. 
section 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 2, 2009. 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: March 12, 2009.
Laura Yoshii,
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 adding paragraph (c)(66)(i)(A)(4) to 
read as follows:


Sec.  52.1470   Identification of plan.

* * * * *
    (c) * * *

[[Page 15221]]

    (66) * * *
    (i) * * *
    (A) * * *
    (4) Nevada Revised Statutes (NRS) (2003), chapter 445B, section 
445B.310 (``Limitations on enforcement of federal and state regulations 
concerning indirect sources'').
* * * * *
[FR Doc. E9-7428 Filed 4-2-09; 8:45 am]

BILLING CODE 6560-50-P
