
[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64737-64748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25558]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0047; FRL-9739-8]


Partial Approval and Partial Disapproval of Air Quality State 
Implementation Plans; Nevada; Infrastructure Requirements for Ozone and 
Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving in part and disapproving in part State 
Implementation Plan (SIP) revisions submitted by the state of Nevada 
pursuant to the requirements of the Clean Air Act (CAA) for the 1997 8-
hour ozone national ambient air quality standards (NAAQS) and the 1997 
and 2006 NAAQS for fine particulate matter (PM2.5). The CAA 
requires that each State adopt and submit a SIP for the implementation, 
maintenance, and enforcement of each NAAQS promulgated by the EPA, and 
requires EPA to act on such SIPs. Nevada has met most of the applicable 
requirements. Where EPA is disapproving, in part, Nevada's SIP 
revisions, the majority of the deficiencies have been already been 
addressed by a federal implementation plan (FIP). For one remaining 
deficiency, this final rule sets a two-year deadline for EPA to 
promulgate a FIP, unless EPA approves an adequate SIP revision prior to 
that time. EPA remains committed to working with Nevada's environmental 
agencies to develop such a SIP revision.

DATES: Effective Date: This final rule is effective on November 23, 
2012.

ADDRESSES: EPA has established a docket for this action, identified by 
Docket ID Number EPA-R09-OAR-2011-0047. The index to the docket for 
this action 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., confidential business information 
(CBI)). To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed 
directly below.

FOR FURTHER INFORMATION CONTACT: Rory Mays, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3227, 
mays.rory@epa.gov.

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

Table of Contents

I. Background
II. EPA's Response to Comments
III. Final Action
    A. Summary of Approvals
    B. Approval of Statutory Provisions and Other Materials
    C. Summary of Disapprovals
    D. Consequences of Disapprovals
IV. Statutory and Executive Order Reviews

I. Background

    Section 110(a)(1) of the CAA requires each state to submit to EPA, 
within three years (or such shorter period as the Administrator may 
prescribe) after the promulgation of a primary or secondary NAAQS or 
any revision thereof, a SIP that provides for the ``implementation, 
maintenance, and enforcement'' of such NAAQS. EPA refers to these 
specific submissions as ``infrastructure'' SIPs because they are 
intended to address basic structural SIP requirements for new or 
revised NAAQS.
    On July 18, 1997, EPA issued a revised NAAQS for ozone \1\ and a 
new NAAQS for fine particulate matter (PM2.5).\2\ EPA 
subsequently revised the 24-hour PM2.5 NAAQS on September 
21, 2006.\3\ Each of these actions triggered a requirement for states 
to submit an infrastructure SIP to address the applicable requirements 
of section 110(a)(2) within three years of issuance of the new or 
revised NAAQS.
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    \1\ The 8-hour averaging period replaced the previous 1-hour 
averaging period, and the level of the NAAQS was changed from 0.12 
parts per million (ppm) to 0.08 ppm (62 FR 38856).
    \2\ The annual PM2.5 standard was set at 15 
micrograms per cubic meter ([mu]g/m\3\), based on the 3-year average 
of annual arithmetic mean PM2.5 concentrations from 
single or multiple community-oriented monitors and the 24-hour 
PM2.5 standard was set at 65 [mu]g/m\3\, based on the 3-
year average of the 98th percentile of 24-hour PM2.5 
concentrations at each population-oriented monitor within an area 
(62 FR 38652).
    \3\ The final rule revising the 24-hour NAAQS for 
PM2.5 from 65 [mu]g/m\3\ to 35 [mu]g/m\3\ was published 
in the Federal Register on October 17, 2006 (71 FR 61144).
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    On August 3, 2012 (77 FR 46361), EPA proposed to approve in part 
and disapprove in part several SIP revisions and one proposed SIP 
revision submitted by Nevada Division of Environmental Protection 
(NDEP) to address the infrastructure requirements of CAA section 
110(a)(1) and (2) for the 1997 ozone, 1997 PM2.5, and 2006 
PM2.5 NAAQS. NDEP's submittals include SIP revisions 
submitted to EPA on February 1, 2008 (``2008 Ozone Submittal''), 
February 26, 2008 (``2008 PM2.5 Submittal''), September 15, 
2009 (``2009 PM2.5 Submittal''), and December 4, 2009 
(``2009 PM2.5 Supplement''), and a proposed SIP revision 
submitted on July 5, 2012. The proposed SIP revision served as a 
supplement to the prior four infrastructure SIP revisions and was 
submitted under the parallel processing mechanism provided by 40 CFR 
Part 51, Appendix V, Section 2.3. The final version of the July 5, 2012 
proposed SIP revision was adopted on August 30, 2012 and submitted to 
EPA on the same day (``2012 Submittal'').
    We are taking final action on all five submittals since they 
collectively

[[Page 64738]]

address the applicable infrastructure SIP requirements for the 1997 
ozone, 1997 PM2.5, and 2006 PM2.5 NAAQS. We refer 
to them collectively herein as ``Nevada's Infrastructure SIP 
Submittals.''
    The rationale supporting EPA's action, including the scope of 
infrastructure SIPs in general, is explained in our August 3, 2012 
Notice of Proposed Rulemaking (proposed rule) and the three associated 
technical support documents (TSDs) \4\ and will not be restated here. 
The proposed rule and TSDs are available online at http://www.regulations.gov, Docket ID number EPA-R09-OAR-2011-0047.
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    \4\ The three TSDs are as follows: (1) ``Technical Support 
Document: EPA Evaluation of Nevada Provisions for 1997 Ozone, 1997 
PM2.5, and 2006 PM2.5 National Ambient Air 
Quality Standards for Sections 110(a)(2)(A) thru (C) Sections 
110(a)(2)(D)(i)(II) and (D)(ii), Sections 110(a)(2)(E)(i) and 
(E)(iii), Sections 110(a)(2)(F) thru (M),'' July 2012 (``Overarching 
TSD''); (2) ``Technical Support Document for EPA's Proposed Action 
on the 2009 Infrastructure State Implementation Plan (Transport 
Portion) for the State of Nevada,'' July 2012 (``2006 
PM2.5 Transport TSD'', or ``Transport TSD''); and (3) 
``Technical Support Document: EPA Evaluation of Nevada Provisions 
for Section 110(a)(2)(E)(ii)/Section 128 Conflict of Interest 
Requirements,'' July 2012 (``Section 128 TSD'').
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II. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened on August 
3, 2012, the date of its publication in the Federal Register, and 
closed on September 4, 2012. During this period, EPA received two 
comment letters: one from NDEP on September 4, 2012 (herein ``NDEP's 
comment(s)''); and one from Washoe County Health District Air Quality 
Management Division (WCHD-AQMD) on September 4, 2012 (herein ``Washoe 
County's comment(s)''). Both letters are available in the docket to 
today's final rule.\5\
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    \5\ See document numbers EPA-R09-OAR-2011-0047-0135 (NDEP's 
comment letter) and EPA-R09-OAR-2011-0047-0136 (Washoe County's 
comment letter) at www.regulations.gov under docket ID number EPA-
R09-OAR-2011-0047.
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    NDEP's comment letter numbers its comments 1 through 9. NDEP 
comment numbers 1 through 3 support various aspects of EPA's proposed 
rule, while numbers 4 through 9 request clarification on several 
points. Washoe County's comment letter generally supports EPA's 
proposed rule with two exceptions, which it numbers 1 and 2, and 
requests that EPA make a clarification on one additional point. We 
appreciate NDEP and Washoe County's comments in support for our 
proposed rule and respond to their comments regarding requested 
clarifications and corrections below. Note that we have grouped 
comments from NDEP and Washoe County that are similar in content into 
single comments and responses.
    Comment #1:
    NDEP's comment number 4 and Washoe County comment number 1 note 
that EPA proposes to disapprove the portion of the SIP related to 
prevention of significant deterioration (PSD) permit programs for NDEP 
and Washoe County because the programs do not completely satisfy the 
statutory and regulatory requirements for PSD permit programs. NDEP and 
WCHD-AQMD also note, however, that EPA recognizes that the deficiencies 
related to the PSD programs are adequately addressed by the existing 
federal implementation plan (FIP), for which EPA has delegated 
enforcement authority to NDEP and Washoe County. Moreover, NDEP argues 
that the provisions of 40 CFR 52.1485(b), which codify the PSD FIP by 
incorporating EPA's PSD provisions in the Nevada SIP, make EPA's PSD 
FIP a part of the SIP, with the exception of the portion applicable to 
Clark County. As such, NDEP and WCHD-AQMD believe that the elements of 
the Nevada SIP related to PSD programs under their jurisdictions should 
be approved.
    Response #1:
    The CAA requires each State to adopt and submit a plan which 
provides for implementation, maintenance, and enforcement of the NAAQS. 
See CAA section 110(a)(1). CAA section 110(a)(2) sets forth the content 
requirements for such plans, including the requirement for a permit 
program as required in part C (``Prevention of Significant 
Deterioration of Air Quality,'' or ``PSD'') of title I of the CAA. Such 
plans are referred to as state implementation plans or SIPs.
    EPA's authority to promulgate a FIP derives from EPA's 
determination that a State has failed to submit a complete, required 
SIP submission or from EPA's disapproval of a State submission of a SIP 
or SIP revision. See CAA section 110(c)(1). The SIP, viewed broadly, 
thus includes both portions of the plan submitted by the State and 
approved by EPA as well as any FIP promulgated by EPA to substitute for 
a State plan disapproved by EPA or not submitted by a State. See 40 CFR 
52.02(b).
    In 1974, EPA disapproved each state's SIP with respect to PSD and 
promulgated a FIP as a substitute for the SIP deficiency (``PSD FIP''). 
See 39 FR 42510 (December 5, 1974). In 1975, EPA codified the PSD FIP 
in each state's subpart in 40 CFR part 52. See 40 FR 25004 (June 12, 
1975)(adding 40 CFR 52.1485 to Subpart DD--Nevada). In 1978 and 1980, 
EPA amended the PSD regulations following the Clean Air Act Amendments 
of 1977 and related court decisions and amended the codification of the 
PSD FIP in each state's subpart, including 40 CFR 52.1485, accordingly. 
See 43 FR 26380 (June 19, 1978) and 45 FR 52676 (August 7, 1980). Since 
then, EPA has approved the PSD SIP for the sources and geographic area 
that lie within the jurisdiction of Clark County Department of Air 
Quality, and has delegated responsibility for conducting PSD review, as 
per the PSD FIP, to NDEP and the Washoe County District Health 
Department. Notwithstanding the delegation, however, the Nevada SIP 
remains deficient with respect to PSD for the geographic areas and 
stationary sources that lie within NDEP's and Washoe County District 
Health Department's jurisdictions. As such, EPA's disapproval of the 
infrastructure SIP submittals for those elements that require states to 
have a SIP that includes a PSD permit program, including CAA sections 
110(a)(2)(C), (D)(i)(II), (D)(ii), (J), and (K), is appropriate because 
EPA disapproved the State's submitted plan as not adequately addressing 
PSD program requirements. To conclude otherwise would be inconsistent 
with the long-standing and current disapproval of the SIP for PSD for 
the applicable areas, with the statutory foundation upon which the PSD 
FIP is authorized, and with the obligation under section 110(a) for 
each State to adopt and submit a plan for implementation, maintenance, 
and enforcement of the NAAQS that includes a PSD program. EPA's 
delegation of the PSD FIP is not the same as State adoption and 
submittal of state or district rules meeting PSD requirements and EPA's 
approval thereof.
    Comment #2:
    NDEP's comment number 6 and Washoe County comment number 2 state 
that NDEP and Washoe County Health District AQMD ``[do] not believe 
that the PSD program as it relates to greenhouse gases renders this SIP 
deficient with respect to ozone and PM2.5'' and request that 
EPA explain why greenhouse gas (GHG) provisions are ``essential to 
enforcing the PM2.5 NAAQS.'' Both comments refer to pages 
10, 42, and 43 of EPA's Overarching TSD for EPA's proposed rule.
    Response #2:
    The PSD requirements for the regulation of greenhouse gases are 
relevant to our evaluation of SIPs submitted with respect to the ozone 
and PM2.5 (or any) NAAQS because those PSD requirements 
apply on a source-by-source basis for all federally regulated 
pollutants emitted by that source that meet the PSD applicability 
thresholds,

[[Page 64739]]

rather than applying on a pollutant-by-pollutant basis. For example, 
the CAA specifies that a new source that triggers PSD because of its 
emissions of ozone precursors or PM2.5 is also subject to 
PSD for any other federally regulated pollutant that it emits above the 
applicable significance levels and for GHGs, if it emits those 
pollutants above the thresholds established by the GHG Tailoring 
Rule.\6\ Accordingly, for the Nevada Infrastructure SIPs for the 1997 
ozone, 1997 PM2.5, and 2006 PM2.5 NAAQS to be 
fully approvable, the Nevada SIP must include the appropriate PSD 
requirements for all other federally regulated pollutants, including 
GHGs. Because Nevada's Infrastructure SIPs fail to include those 
requirements for GHGs with respect to the NDEP and Washoe County 
portions of the SIP, the EPA must partially disapprove these SIP 
submittals. Consistent with our proposal, however, we reiterate that 
``[a]lthough the Nevada SIP remains deficient with respect to PSD 
requirements in both the NDEP and Washoe County portions of the SIP, 
these deficiencies are adequately addressed in both areas by the 
Federal PSD program.'' See 77 FR 46361 at 46367.
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    \6\ The full title of the GHG Tailoring Rule is ``Prevention of 
Significant Deterioration and Title V Greenhouse Gas Tailoring Rule; 
Final Rule.'' For further explanation of the GHG PSD permitting 
requirements, see the GHG Tailoring Rule, 75 FR 31514 (June 3, 
2010); ``Action To Ensure Authority To Issue Permits Under the 
Prevention of Significant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Findings of Substantial Inadequacy and SIP 
Call; Final Rule,'' 75 FR 77698 (December 13, 2010); ``Limitation of 
Approval of Prevention of Significant Deterioration Provisions 
Concerning Greenhouse Gas-Emitting Sources in State Implementation 
Plans; Final Rule,'' 75 FR 82536 (December 30, 2010).
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    Comment #3:
    NDEP's comment number 5 states that ``EPA proposes to partially 
disapprove the NDEP's submittal [with respect to the `good neighbor' 
requirements of CAA section 110(a)(2)(D)(i)(I)], stating that it is not 
relevant, and to partially approve the submittal based on EPA's 
independent evaluation of Nevada's impact on receptor states.'' NDEP 
stated its belief that ``it would be simpler not to do a partial 
disapproval based on information that EPA deemed immaterial to its 
decision-making, but rather to fully approve the SIP based on EPA's own 
data analysis demonstrating a lack of impacts on receptor states.''
    Response #3:
    We disagree. EPA proposed to partially disapprove Nevada's 2009 
PM2.5 Submittal and 2009 PM2.5 Supplement with 
respect to the ``good neighbor'' requirements of CAA section 
110(a)(2)(D)(i)(I), because the State's submission ``relies on 
irrelevant factors and lacks any technical analysis to support the 
State's conclusion with respect to interstate transport.'' See 77 FR 
46361 at 46368. We also proposed to partially approve the submission, 
however, based on EPA's supplemental evaluation of relevant technical 
information, which supports a finding that emissions from Nevada do not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2006 24-hour PM2.5 NAAQS in any other state and that 
the existing Nevada SIP is, therefore, adequate to meet the 
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour 
PM2.5 NAAQS. Id. Our proposal to partially approve and 
partially disapprove the submission was based not on information that 
``EPA deemed immaterial to its decision-making,'' but rather on 
information submitted by the State in the form of a SIP submission 
which we found inadequate to satisfy the applicable CAA requirements.
    Specifically, as discussed in the Transport TSD for this proposal, 
Nevada's 2009 PM2.5 Submittal and 2009 PM2.5 
Supplement (collectively the ``2009 SIP Submittals'') appear to 
conclude that the existing Nevada SIP satisfies the requirements of CAA 
section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS, 
among other requirements of CAA section 110(a). See Transport TSD at 1. 
The only support provided for this conclusion in the 2009 SIP 
Submittals is a reference to EPA's previous approval of Nevada's CAA 
section 110(a)(2)(D)(i) interstate transport SIP for the 1997 8-hour 
ozone and 1997 PM2.5 NAAQS at 72 FR 41629 (July 31, 2007). 
See Transport TSD at 1, 2. The 2009 SIP Submittals contains no 
technical analysis of potential interstate transport or any other 
support for the State's conclusion that the existing Nevada SIP 
satisfies the requirements of CAA section 110(a)(2)(D)(i)(I) for the 
2006 24-hour PM2.5 NAAQS. See id. Moreover, Nevada submitted 
nothing to address the requirements of CAA section 110(a)(2)(D)(i)(I) 
for the 2006 24-hour PM2.5 NAAQS in Clark County. See id. at 
footnote 1.
    As explained in the Transport TSD, EPA does not agree with NDEP's 
suggestion or conclusion in the 2009 SIP Submittals that EPA's previous 
approval of Nevada's section 110(a)(2)(D)(i) interstate transport SIP 
for the 1997 8-hour ozone NAAQS and the 1997 p.m.2.5 NAAQS 
could support, in any way, the conclusion that the SIP adequately 
addresses the requirements of CAA section 110(a)(2)(D)(i)(I) for the 
2006 24-hour PM2.5 NAAQS. See id. at 2. The cited 2007 
rulemaking addressed CAA requirements for different NAAQS and thus 
could not support a conclusion that the requirements have been met with 
respect to the 2006 24-hour PM2.5 NAAQS. See id.
    Given the absence of any technical demonstration in the State's 
submission showing that Nevada emission sources do not significantly 
contribute to nonattainment or interfere with maintenance of the 2006 
24-hour PM2.5 NAAQS in any other state, we cannot fully 
approve the 2009 SIP Submittals as satisfying the requirements of CAA 
section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS. 
We are, however, partially approving the 2009 SIP Submittals based on 
EPA's independent review of relevant technical information, which 
supports the State's conclusion that Nevada emission sources do not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2006 24-hour PM2.5 NAAQS in any other state and that 
section 110(a)(2)(D)(i)(I) of the CAA therefore does not require 
additional controls in Nevada to prohibit such impacts.
    Comment and Response #4:
    NDEP comment number 8 recommends several corrections and 
clarifications to the text of our Transport TSD. We respond to each 
sub-comment following separate comment summaries below.
    First, citing pages 7 and 11 of our Transport TSD, NDEP states that 
``EPA has characterized Idaho as more distant from Nevada than Utah, 
Oregon and California'' but notes that Nevada and Idaho share a border.
    We agree that our Transport TSD could have better characterized the 
location of Idaho relative to Nevada and the distance from Nevada to 
nonattainment receptors in Idaho relative to those in ``other western 
states'' (i.e., Washington and Montana, see pages 7 and 11 of our 
Transport TSD). EPA discussed the nonattainment receptor in Idaho as 
part of its discussion of ``other western states with nonattainment 
receptors located farther away'' because the receptor in Shoshone 
County, Idaho (Pinehurst), located in northern Idaho, is more distant 
from Nevada compared to the receptors located in Utah, Oregon, and 
California. But NDEP correctly notes that like Utah, Oregon, and 
California, Idaho shares a border with Nevada.
    Second, citing page 16 of the Transport TSD, NDEP encourages EPA to 
expressly state that ``EPA's analysis shows no significant contribution 
by Nevada to nonattainment in the Southern California area.''

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    In Section IV.B.3. of our Transport TSD (see pages 15-16), 
regarding nonattainment receptors in California, for four of the five 
areas discussed we stated that ``we believe it is reasonable to 
conclude that emissions from Nevada sources do not significantly 
contribute to nonattainment of the 2006 24-hour PM2.5 
standard at these receptor locations.'' We inadvertently did not make 
such a statement for the Southern California--Los Angeles, Riverside, 
San Bernardino area. In response to this comment, we are clarifying our 
conclusion that emissions from Nevada sources do not significantly 
contribute to nonattainment of the 2006 24-hour PM2.5 
standard at the Southern California--Los Angeles, Riverside, San 
Bernardino nonattainment receptor locations.
    Third, citing pages 20-22 of the Transport TSD, NDEP states that 
``EPA reaches a conclusion that Nevada emissions do not interfere with 
maintenance of the 2006 p.m.2.5 NAAQS in California (Section 
V.B.1.) or Utah (Section V.B.3.); however, no conclusion is stated for 
Arizona (Section V.B.2).'' NDEP believes a similar conclusion was 
implied and encourages EPA to state as much for Arizona.
    We agree and are clarifying our conclusion that emissions from 
Nevada sources do not interfere with maintenance of the 2006 24-hour 
PM2.5 NAAQS at the Arizona maintenance receptor locations 
discussed in Section V.B.2 (page 21) of the Transport TSD.
    Fourth, NDEP asserts that EPA's discussion on pages 20-22 of the 
Transport TSD ``appears to talk about nonattainment areas rather than 
maintenance areas'' while ``Table III.A.1 lists Arizona as having two 
maintenance areas for PM2.5 and no nonattainment areas.'' 
NDEP perceives a discrepancy therein.
    It appears NDEP has misunderstood a distinction that EPA is making 
between nonattainment or maintenance receptors and nonattainment or 
maintenance areas. Table III.A.1 lists the nonattainment and 
maintenance ``receptors'' located in western counties, which EPA 
selected based on the criteria discussed in Section III.A (``Discussion 
of Nonattainment and Maintenance Receptor Selection Methodology''). 
These criteria for selection of nonattainment and maintenance 
``receptors'' are not related to the criteria for designation of 
nonattainment areas under CAA section 107 or for approval of 
maintenance plans under CAA section 175A. Thus, it is possible to have 
maintenance ``receptors'' in areas that have been designated as 
nonattainment areas, as in Arizona and Utah.
    Fifth, NDEP states that ``Table III.A.1 lists Utah as having no 
maintenance areas, so the NDEP is uncertain why Utah is discussed in 
section V of this Appendix'' and that ``[t]he discussion of 
nonattainment areas in Utah (Section IV.B.1.) appears to be repeated in 
Section V.B.3 for maintenance receptors.'' NDEP perceives a discrepancy 
therein.
    We disagree that Table III.A.1 (``List of Western Counties with 
Daily PM2.5 Nonattainment or Maintenance Receptors'', page 
8) lists Utah as having no maintenance areas. The last three rows for 
Utah in this table include an asterisk in the Receptor Type column. The 
asterisk is defined below the table as follows: ``This county contains 
both nonattainment and maintenance receptors. See Appendix A for more 
details.'' Appendix A (``List of Nonattainment and Maintenance 
Receptors for 2006-2010''), in turn, lists all of the individual 
receptors that were summarized by county in Table III.A.1. There is one 
maintenance receptor in each of Utah and Weber counties, Utah--hence 
our discussion of Utah in Section V (``Transport Assessment for 
Maintenance Receptors''). The discussion of nonattainment receptors in 
Utah (Section IV.B.1.) is similar to the discussion in Section V.B.3 
for maintenance receptors in Utah because the receptors are near to 
each other and the potential for transport from Nevada for each is 
similar.
    Comment #5:
    NDEP comment number 7 addresses EPA's statements in the Overarching 
TSD (pages 11-13) regarding certain provisions that are part of the 
Nevada SIP, but have been repealed or replaced in the Nevada 
Administrative Code (NAC). NDEP highlights that such regulations ``have 
not been rescinded from the Nevada SIP, and EPA considers them to be 
federally enforceable'' and suggests that a more accurate 
characterization would be to say that such provisions ``have been 
repealed or replaced in the NAC, but not in the SIP.''
    Response #5:
    It is true that the regulations cited in pages 11-13 of our 
Overarching TSD having parenthetical notes about replacement or repeal 
can be accurately characterized as having been repealed or replaced in 
the NAC (i.e., at the state level), but remaining in the Nevada SIP 
(i.e., the set of federally enforceable provisions with respect to 
Nevada air quality). In part, our intent was to clarify the status of 
these provisions so that the public could more readily understand which 
provisions are in effect and to identify certain provisions that, as 
repealed or replaced (but not revised in the SIP), did not provide 
support for how Nevada meets the section 110(a)(2)(C) requirement that 
each SIP ``include a program to provide for the enforcement of the 
measures described in [section 110(a)(2)(A)].''
    However, the broader meaning of such clarifications and 
identifications relates to CAA section 110(a)(1), which requires the 
state to adopt and submit ``a plan which provides for implementation, 
maintenance, and enforcement'' of the relevant NAAQS (i.e., the 1997 
ozone, 1997 PM2.5, and 2006 PM2.5 NAAQS, in this 
case). On its face, if Nevada has repealed or replaced certain Nevada 
Administrative Codes, we would understand this to mean that NDEP is not 
in fact implementing such regulations as part of a plan to implement, 
maintain, and enforce the NAAQS. In other words, infrastructure SIPs 
are not merely a measure of what is federally enforceable under a 
state's SIP; they are a collection of the provisions and plans that the 
state actively employs to implement the NAAQS.
    Our Overarching TSD discussed three provisions in particular 
wherein we noted that ``it is not clear how Nevada intended that these 
regulations support the enforcement of the emission limitation 
regulations.'' See Overarching TSD at page 13. We reiterate our 
statement from that same page, however, that ``[n]otwithstanding these 
three provisions, on the basis of the statutory and regulatory 
provisions, which have been approved into the SIP, we find that Nevada 
has an adequate program for enforcement of its provisions for emission 
limits at the state level.''
    Comment and Response #6:
    NDEP comment number 9 recommends several corrections and 
clarifications to the text of our Overarching TSD. We respond to each 
sub-comment following separate comment summaries below.
    First, NDEP notes that on page 6, footnote 9, the second sentence 
should read, ``Adele Malone, Supervisor, Planning and Modeling Branch, 
* * * .'' We thank NDEP for its clarification regarding the Branch 
title, which we had listed as ``Air Planning Branch'' in footnote 9 of 
the Overarching TSD.
    Second, NDEP notes that on page 11 EPA listed Nevada Air Quality 
Regulation (NAQR) Article 16.3.3.2 and 16.3.3.3 as having been cited in 
support of CAA 110(a)(2)(C), and requests EPA to remove it from the 
list of submitted

[[Page 64741]]

regulations. We agree that Articles 16.3.3.2 and 16.3.3.3 were not 
cited in Nevada's Infrastructure SIP Submittals for section 
110(a)(2)(C); our inclusion of these provisions in the list of 
regulations with respect to 110(a)(2)(C) was an inadvertent addition.
    To clarify further, Nevada's 2008 Ozone Submittal, 2008 
PM2.5 Submittal, and 2009 PM2.5 Submittal each 
cited Article 16.3.3.2 and 16.3.3.3 listed for section 110(a)(2)(A). 
See Enclosure 1, page 1 of each of these submittals. Given that these 
regulations pertain to opacity emission limits for kilns and related 
clinker coolers, they are appropriate for purposes of addressing the 
requirements of section 110(a)(2)(A), as referenced by these submittals 
and discussed in our Overarching TSD.
    Third, NDEP notes a contradiction in the last sentence of the first 
full paragraph of page 43 regarding the PSD portion of the section 
110(a)(2)(J) requirements and Clark County. We agree that this sentence 
contradicts our other stated conclusions regarding Clark County's PSD 
program and the PSD requirements of CAA section 110(a)(2)(J). We hereby 
clarify that our intended statement, as noted in the conclusion 
paragraph of that same page, was that ``the Clark County portion of the 
Nevada SIP meets the PSD-related requirements of section 110(a)(2)(J), 
contingent upon final approval of the proposed SIP revisions [for 
permitting new or modified stationary sources in Clark County].'' 
Furthermore, based on our final approval of those Clark County SIP 
revisions,\7\ we are finalizing our approval of section 110(a)(2)(J) 
for the Clark County portion of the SIP.
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    \7\ We have placed a copy of the signed, pre-publication version 
of the final rule approving the Clark County SIP revisions in the 
docket for this rulemaking.
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    Fourth, NDEP believes that EPA had intended to reference NAQR 
Article 13.3.1.2(b) on page 45, rather than Article 13.4.1.2(b), and 
that the latter is not in the applicable Nevada SIP. NDEP also refers 
to 77 FR 14862. We referred to Article 13.4.1.2(b) with respect to the 
requirements of section 110(a)(2)(K) because it was included in 
Enclosure 2 of Nevada's 2008 Ozone Submittal, 2008 p.m.2.5 
Submittal, and 2009 p.m.2.5 Submittal and contains 
requirements for diffusion models for the permitting review of new 
sources. However, NDEP is correct that Article 13.4.1.2(b) is not in 
the Nevada SIP. Rather, Article 13.3.1.2(b), which is part of the 
Nevada SIP and contains requirements for diffusion modeling, relates 
most closely to the air quality modeling requirements of section 
110(a)(2)(K). See 77 FR 14682 at 14872.
    Fifth, NDEP notes that Footnote 19 states that `` * * * NDEP 
repealed NAC 445.694 and did not submit a replacement for inclusion in 
the SIP.'' NDEP states that this footnote was inaccurate since the 
authority to repeal a state regulation lies with the Nevada State 
Environmental Commission. We thank NDEP for its clarification. Footnote 
19 of the Overarching TSD should have made clear that the State 
Environmental Commission is the body authorized under state law to 
adopt regulations to prevent, abate and control air pollution (NRS 
445B.210), the Department of Conservation and Natural Resources is 
designated as the air pollution control agency for the State of Nevada 
for the purposes of the CAA (NRS 445B.205), and the Administrator of 
NDEP is the official designee of the Director of the Department of 
Conservation and Natural Resources for the purposes of the CAA, 
including, but not limited to, adoption, revision, and submittal of 
SIPs to EPA.
    Comment #7:
    Washoe County notes a ``minor correction/clarification that should 
be made'' in EPA's Section 128 TSD on pages 4 and 7. Washoe County 
identifies the District Health Officer of the Washoe County Health 
District, or his designee, as the Control Officer, pursuant to Washoe 
County Air Quality Regulation (AQR) 010.042, rather than the AQMD 
Director, as stated in EPA's Section 128 TSD. The comment further 
states that the AQMD Director and Branch Chief are designees of the 
Control Officer and that the applicability of section 128 does not 
change and remains as ``not applicable'' because it ``applies to boards 
and bodies composed of multiple individuals.''
    Response #7:
    EPA agrees that we should have identified the District Health 
Officer of Washoe County Health District as the Control Officer in 
Washoe County. Washoe County Air Quality Regulation (AQR) 010.042 
defines ``Control Officer'' as the ``District Health Officer of the 
Washoe County Health District or the person designated by said District 
Health Officer to enforce these local air pollution control ordinances 
and regulations as approved by said District Board of Health created 
pursuant to the interlocal agreement of the City of Reno, the City of 
Sparks, and the County of Washoe, Nevada.'' AQR 020.020 (``Control 
Officer--Powers and Duties'') states that the ``Control Officer, or his 
designated agent or representative, shall enforce the provisions of 
these [air pollution control] regulations.'' From the context of Washoe 
County's comments and conversation with WCHD-AQMD staff, we understand 
the AQMD Director and Branch Chief to be designated agents or 
representatives of the Control Officer (i.e., the District Health 
Officer of the Washoe County Health District), pursuant to AQR 020.020.
    We cited AQR 020.020 in our Section 128 TSD because it authorizes 
the Control Officer and his designated agents or representatives to 
issue corrective action orders (a kind of enforcement order). Thus, the 
Control Officer and his designated agents or representatives are 
subject to the requirements of section 128(a)(2). This reflects a point 
of distinction with respect to Washoe County's comment that the 
requirements of CAA section 128 are ``not applicable'' to the Control 
Officer or his agents or representatives. While we agree that section 
128(a)(1) regarding board membership requirements does not apply to 
individual decision-makers, such as the Control Officer, we reaffirm 
that the disclosure requirement of section 128(a)(2) applies both to 
board members and to heads of executive agencies and their delegates as 
is clear on the face of the statute. See page 2 of our Section 128 TSD.
    As a result, we have assessed whether the Washoe County District 
Health Officer is covered by Nevada's statutes concerning disclosure of 
potential conflicts of interest. As per NRS 281A.160.1, a public 
officer in Nevada is defined by two criteria: (a) that the person is 
appointed or elected to a position established by a charter or 
ordinance of any county, and (b) that his or her position ``[i]nvolves 
the exercise of a public power, trust, or duty.'' The District Health 
Officer is a public officer under these criteria because he or she is a 
person appointed to a position established by the Washoe County Code 
and because approval of permits or enforcement orders under state or 
county law involves an exercise of a public power, trust or duty.\8\
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    \8\ For clarity's sake, we note that NRS 281A.160(2) contains 
several exemptions for the definition of ``public officer.'' In 
particular, NRS 281A.160(2)(d) exempts county health officers 
appointed pursuant to NRS 439.290. It is important to note that 
while a county health officer is appointed by the relevant board of 
county commissioners, pursuant to NRS 439.290, a district health 
officer in a county whose population is less than 700,000 (e.g., 
Washoe County) is appointed by the relevant district board of 
health, pursuant to NRS 439.400. Thus, the exemption under NRS 
281A.160 does not apply to the Washoe County District Health 
Officer.
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    Our determinations regarding disclosure as it relates to the AQMD 
Director and Branch Chief remain

[[Page 64742]]

unchanged. The AQMD Director is a public officer, pursuant to NRS 
281A.160, and the AQMD Branch Chief of the Permitting and Compliance 
Branch is a public employee, pursuant to NRS 281A.150, (see pages 8-9 
of our Section 128 TSD) and they are both subject to adequate 
disclosure requirements under CAA section 128(a)(2), as codified at NRS 
281A.410 and NRS 281A.420 (see pages 11-13 of our Section 128 TSD).
    Thus, our overall conclusion remains that the conflict of interest 
provisions \9\ submitted in Nevada's 2012 Submittal meet the 
requirements of CAA section 128 and section 110(a)(2)(E)(ii). We are 
therefore finalizing our proposed approval of Nevada's conflict of 
interest provisions into the SIP and our proposed approval of Nevada's 
Infrastructure SIP Submittals for the 1997 ozone, 1997 
PM2.5, and 2006 PM2.5 NAAQS for section 
110(a)(2)(E)(ii).
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    \9\ i.e., NRS 232A.020, NRS 281A.150, NRS 281A.160, NRS 
281A.400, NRS 281A.410, and NRS 281A.420.
---------------------------------------------------------------------------

III. Final Action

    Under CAA section 110(k)(3), and based on the evaluation and 
rationale presented in the proposed rule, the related TSDs, and this 
final rule, EPA is approving in part and disapproving in part Nevada's 
Infrastructure SIP Submittals for the 1997 ozone, 1997 
PM2.5, and 2006 PM2.5 NAAQS. In the following 
subsections, we list the elements for which we are finalizing approval 
or disapproval and provide a summary of the basis for those elements 
that are partially approved and partially disapproved. We also describe 
the statutory provisions and other materials submitted by NDEP that we 
are approving herein, and describe the consequences of our 
disapprovals.

A. Summary of Approvals

    EPA is approving Nevada's Infrastructure SIP Submittals with 
respect to the following requirements:
     Section 110(a)(2)(A): Emission limits and other control 
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data 
system.
     Section 110(a)(2)(C) (in part): Program for enforcement of 
control measures and regulation of new and modified stationary sources.
     Section 110(a)(2)(D)(i) (in part): Interstate pollution 
transport.
     Section 110(a)(2)(D)(ii) (in part): Interstate pollution 
abatement and international air pollution.
     Section 110(a)(2)(E): Adequate resources and authority, 
conflict of interest, and oversight of local and regional government 
agencies.
     Section 110(a)(2)(F) (in part): Stationary source 
monitoring and reporting.
     Section 110(a)(2)(G): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J) (in part): Consultation with 
government officials, public notification, and prevention of 
significant deterioration (PSD) and visibility protection.
     Section 110(a)(2)(K) (in part): Air quality modeling and 
submission of modeling data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by 
affected local entities.
    We are approving Nevada's Infrastructure SIP Submittals for the 
Clark County portions of the SIP with respect to the requirements of 
CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), 
110(a)(2)(J), and 110(a)(2)(K) related to PSD based upon our final 
approval of certain SIP revisions for the review of new or modified 
stationary sources for the Clark County portion of the SIP.\10\
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    \10\ EPA's final rule on the Clark County NSR SIP revisions is 
included in the docket of today's final rule. While the Clark County 
NSR final rule is a limited approval and limited disapproval, the 
permitting elements necessary for infrastructure SIP approval for 
the Clark County portion of the SIP were all among those that were 
approved.
---------------------------------------------------------------------------

    For section 110(a)(2)(C), we are approving Nevada's Infrastructure 
SIP Submittals for all three jurisdictions (NDEP, Clark County, and 
Washoe County) with respect to the requirement that the SIP include a 
program to provide for enforcement of the emissions limitations 
described in section 110(a)(2)(A).
    With respect to the requirement of CAA section 110(a)(2)(D)(i)(II) 
(regarding interference with other states' required measures to protect 
visibility), EPA previously approved Nevada's interstate transport SIP 
as satisfying this requirement for the 1997 ozone and 1997 
PM2.5 NAAQS as part of EPA's action on Nevada's Regional 
Haze SIP. See 77 FR 17334 at 17339 (March 26, 2012). For purposes of 
the 2006 PM2.5 NAAQS, in today's final rule we are approving 
Nevada's Infrastructure SIP Submittals as meeting the visibility 
requirement of CAA section 110(a)(2)(D)(i)(II) for the 2006 
PM2.5 NAAQS by virtue of Nevada's SIP-approved Regional Haze 
Plan (77 FR 17334, March 26, 2012), which contains adequate provisions 
to protect visibility in other states.
    With respect to section 110(a)(2)(F), for the NDEP and Washoe 
County portions of the SIP, we are approving Nevada's Infrastructure 
SIP Submittals for all three subsections of section 110(a)(2)(F). We 
note that EPA has approved three Nevada Administrative Code (NAC) 
sections cited by NDEP in its 2012 Submittal, NAC sections 445B.315(3), 
445B.3368, and 445B.346, in a separate rulemaking (see the pre-
publication version signed August 30, 2012 and included in the docket 
of today's final rule). These provisions provide additional support for 
the NDEP portion of the SIP as meeting the requirements of sections 
110(a)(2)(F)(ii) and 110(a)(2)(F)(iii). For the Washoe County portion 
of the SIP, our approval of subsections 110(a)(2)(F)(ii) and 
110(a)(2)(F)(iii) is based on our approval of four Washoe County rules, 
AQR 030.218, 030.230, 030.235, and 030.970, which were included in the 
2012 Submittal, in a separate rulemaking (see the pre-publication 
version signed September 14, 2012 and included in the docket of today's 
final rule). With respect to the Clark County portion of the SIP, we 
are approving the SIP for sections 110(a)(2)(F)(i) and (ii) based upon 
our final approval of certain SIP revisions for the review of new or 
modified stationary sources in Clark County.\11\
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    \11\ As noted previously, we have placed a copy of the signed, 
pre-publication version of the final rule approving the Clark County 
SIP revisions in the docket for this rulemaking.
---------------------------------------------------------------------------

B. Approval of Statutory Provisions and Other Materials

    In connection with our approval, or partial approval, of Nevada's 
Infrastructure SIP Submittals for these requirements as listed above, 
we are approving into the Nevada SIP certain statutes and other 
materials, which were included in the 2009 PM2.5 Supplement 
and the 2012 Submittal.
    First, with respect to section 110(a)(2)(E)(i) (i.e., necessary 
assurances for adequate personnel, funding, and authority), EPA is 
approving an interlocal agreement among the Washoe County District 
Board of Health, Washoe County and the cities of Reno and Sparks 
concerning the Washoe County District Health Department, and a 
comprehensive revision to Section 12 (``Resources'') of the Nevada SIP. 
The interlocal agreement was submitted as Attachment D of Nevada's 2009 
PM2.5 Supplement and the revision to Section 12 was 
submitted as Attachment A to Nevada's 2012 Submittal. NDEP's 2012 
revision to Section 12 hereby replaces, in its entirety, the former SIP 
version of Section 12, approved on May 31, 1972 (37 FR 10842), in the 
Nevada SIP.

[[Page 64743]]

    Second, in connection with our approval of Nevada's Infrastructure 
SIP Submittals with respect to section 110(a)(2)(E)(ii) (i.e., State 
board conflict of interest requirements under CAA section 128), EPA is 
approving Nevada Revised Statutes (NRS) sections 232A.020, 281A.150, 
281A.160, 281A.400, 281A.410, and 281A.420, as provided in Attachment B 
of Nevada's 2012 Submittal, into the Nevada SIP.
    Third and last, in connection with our approval of Nevada's 
Infrastructure SIP Submittals with respect to section 110(a)(2)(J) (in 
part) and (M), EPA is approving a comprehensive revision to Section 11 
(``Intergovernmental Consultation'') of the Nevada SIP, which is 
included as Attachment D to Nevada's 2012 Submittal. NDEP's 2012 
revision to Section 11 hereby replaces, in its entirety, the former SIP 
version of Section 11, approved on May 31, 1972 (37 FR 10842), in the 
Nevada SIP.
    Nevada's 2012 revision to Section 11 (``Intergovernmental 
Consultation'') cites a number of statutes. Two of these, NRS section 
445B.503 and NRS section 439.390, are included as exhibits to Section 
11 and are new to the SIP.\12\ Another statute, NRS 445B.500, is 
included in Attachment B to the 2012 Submittal as an update to the 
former version of NRS 445B.500, which EPA had approved into the Nevada 
SIP (71 FR 51766, August 31, 2006). We are approving NRS 445B.503, NRS 
439.390, and the updated version of NRS 445B.500 into the Nevada SIP in 
connection with our approval of the 2012 revision to Section 11 of the 
Nevada SIP. The updated version of NRS 445B.500 hereby replaces, in its 
entirety, the former SIP version of NRS 445B.500 in the Nevada SIP.
---------------------------------------------------------------------------

    \12\ In our proposed rule, we requested clarification as to 
whether NDEP intends NRS 439.390 to be included in the Nevada SIP. 
See 77 FR 46361 at 46367, footnote 26. NDEP's submittal on August 
30, 2012 included NRS 439.390 in Attachment B (``Statutes for 
Inclusion in the Nevada [Applicable SIP]''). As such we are 
finalizing approval of NRS 439.390 into the Nevada SIP.
---------------------------------------------------------------------------

C. Summary of Disapprovals

    EPA is disapproving Nevada's Infrastructure SIP Submittals for the 
1997 ozone, 1997 PM2.5, and 2006 PM2.5 NAAQS with 
respect to the following infrastructure SIP requirements:
     Section 110(a)(2)(C)(in part): Program for enforcement of 
control measures and regulation of new and modified stationary sources.
     Section 110(a)(2)(D)(i)(in part): Interstate pollution 
transport.
     Section 110(a)(2)(D)(ii)(in part): Interstate pollution 
abatement and international air pollution.
     Section 110(a)(2)(F)(in part): Stationary source 
monitoring and reporting.
     Section 110(a)(2)(J)(in part): Consultation with 
government officials, public notification, and prevention of 
significant deterioration (PSD) and visibility protection.
     Section 110(a)(2)(K)(in part): Air quality modeling and 
submission of modeling data.
    As explained in our proposed rule and Overarching TSD, we are 
disapproving Nevada's Infrastructure SIP Submittals for the NDEP and 
Washoe County portions of the SIP with respect to the requirements of 
CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), 
110(a)(2)(J), and 110(a)(2)(K) related to PSD because the Nevada SIP 
does not fully satisfy the statutory and regulatory requirements for 
PSD permit programs under part C of title I of the Act. Both NDEP and 
WCHD-AQMD currently implement the Federal PSD program in 40 CFR 52.21 
for all regulated NSR pollutants, pursuant to delegation agreements 
with EPA. See 40 CFR 52.1485.\13\ Accordingly, although the Nevada SIP 
remains deficient with respect to PSD requirements in both the NDEP and 
Washoe County portions of the SIP, these deficiencies are adequately 
addressed in both areas by the Federal PSD program.
---------------------------------------------------------------------------

    \13\ EPA fully delegated the implementation of the federal PSD 
programs to NDEP on October 19, 2004 (``Agreement for Delegation of 
the Federal Prevention of Significant Deterioration (PSD) Program by 
the United States Environmental Protection Agency, Region 9 to the 
Nevada Division of Environmental Protection''), as updated on 
September 15, 2011, and to Washoe County on March 13, 2008 
(``Agreement for Delegation of the Federal Prevention of Significant 
Deterioration (PSD) Program by the United States Environmental 
Protection Agency, Region 9 to the Washoe County District Health 
Department'').
---------------------------------------------------------------------------

    With respect to the requirements regarding interstate transport in 
CAA section 110(a)(2)(D)(i)(I) for the 1997 ozone and 1997 
PM2.5 NAAQS, EPA previously approved an interstate transport 
SIP submitted by Nevada as satisfying the requirements of CAA section 
110(a)(D)(i)(I). See 72 FR 41629 (July 31, 2007). For the 2006 24-hour 
PM2.5 NAAQS, in today's final rule we are partially 
approving and partially disapproving Nevada's 2009 PM2.5 
Submittal, and 2009 PM2.5 Supplement. We are partially 
disapproving the submissions because they rely on irrelevant factors 
and lack any technical analysis to support the State's conclusion with 
respect to interstate transport. We are also partially approving the 
submission, however, based on EPA's supplemental evaluation of relevant 
technical information, which supports a finding that emissions from 
Nevada do not significantly contribute to nonattainment or interfere 
with maintenance of the 2006 24-hour PM2.5 NAAQS in any 
other state and that the existing Nevada SIP is, therefore, adequate to 
meet the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 
24-hour PM2.5 NAAQS. See our 2006 PM2.5 Transport 
TSD.\14\
---------------------------------------------------------------------------

    \14\ The recent opinion vacating the Transport Rule, EME Homer 
City Generation v. EPA, No. 11-1302 (DC Cir., August 21, 2012), does 
not alter our conclusion that the existing Nevada SIP adequately 
addresses this requirement. Nothing in the Homer City opinion 
disturbs or calls into question that conclusion or the validity of 
the technical information on which our August 3, 2012 proposal 
relied--e.g., ambient PM2.5 levels at monitoring sites 
representative of regional background in nearby states and relevant 
meteorological and topographical information. In addition, nothing 
in that opinion undermines our proposed conclusion, based on our 
review of the available technical information, that emissions from 
Nevada do not significantly contribute to nonattainment or interfere 
with maintenance of the 2006 24-hour PM2.5 NAAQS in 
another state.
---------------------------------------------------------------------------

    With respect to section 110(a)(2)(F), we are disapproving the Clark 
County portion of the SIP for subsection 110(a)(2)(F)(iii) because 
Clark County has repealed its regulation, Section 24, that formerly 
addressed the correlation requirement of this subsection, without 
submitting a SIP revision to replace it.

D. Consequences of Disapprovals

    EPA takes a disapproval of a state plan very seriously. Rather than 
implement a FIP, we believe that it is preferable, and preferred in the 
provisions of the Clean Air Act, for states to implement the CAA 
requirements through state provisions that are developed and adopted by 
the state and approved into the SIP by EPA. A state plan need not 
contain exactly the same provisions that EPA might require, but EPA 
must be able to find that the state plan is consistent with the 
requirements of the Act in accordance with its obligations under 
section 110(k). Further, EPA's oversight role requires that it assure 
consistent implementation of Clean Air Act requirements by states 
across the country, even while acknowledging that individual decisions 
from source to source or state to state may not have identical 
outcomes. EPA believes these disapprovals are the only path that is 
consistent with the Act at this time.
    Under section 179(a) of the CAA, final disapproval of a submittal 
that addresses a requirement of part D of title I of the CAA (CAA 
sections 171-193) or is required in response to a finding of 
substantial inadequacy as described in

[[Page 64744]]

CAA section 110(k)(5) (SIP Call) starts a sanctions clock. Nevada's 
Infrastructure SIP Submittals were not submitted to meet either of 
these requirements. Therefore, our partial disapproval of Nevada's 
Infrastructure SIP Submittals does not trigger mandatory sanctions 
under CAA section 179.
    In addition, CAA section 110(c)(1) provides that EPA must 
promulgate a Federal Implementation Plan (FIP) within two years after 
finding that a State has failed to make a required submission or 
disapproving a State implementation plan submission in whole or in 
part, unless EPA approves a SIP revision correcting the deficiencies 
within that two-year period.
    With respect to our partial approval and partial disapproval of 
Nevada's submissions related to interstate transport under CAA section 
110(a)(2)(D)(i)(I), we conclude that any FIP obligation resulting from 
our final, partial disapproval is satisfied by our determination that 
there is no deficiency in the SIP to correct. Such disapproval also 
does not require any further action on Nevada's part given EPA's 
conclusion that the SIP is adequate to meet the requirements of CAA 
section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS.
    With respect to our final disapproval of Nevada's Infrastructure 
SIP Submittals for section 110(a)(2)(F)(iii) for the Clark County 
portion of the SIP, today's action establishes a deadline two years 
from the effective date of this action for EPA to promulgate a FIP, 
unless EPA approves a SIP revision correcting the deficiency within 
that two-year period.\15\ We encourage the state to submit a SIP 
revision to address the deficiencies identified in this final rule and 
we stand ready to work with the state to develop a revised plan.
---------------------------------------------------------------------------

    \15\ In our proposed rule, we did not explicitly state how EPA's 
proposed disapproval of section 110(a)(2)(F)(iii) for the Clark 
County portion of the SIP would trigger a new FIP obligation for 
EPA. However, our proposed rule made clear that ``CAA section 
110(c)(1) provides that EPA must promulgate a Federal Implementation 
Plan (FIP) within two years after finding that a State has failed to 
make a required submission or disapproving a State implementation 
plan submission in whole or in part, unless EPA approves a SIP 
revision correcting the deficiencies within that two-year period.'' 
(77 FR 46361 at 46370). By contrast, for our other proposed 
disapprovals, we made clear that EPA's FIP obligation would be 
satisfied ``by our determination that there is no deficiency in the 
SIP to correct'' (for section 110(a)(2)(D)(i)(I) for the 2006 
PM2.5 NAAQS; see 77 FR 46361 at 46370) and that the 
``deficiencies are adequately addressed in both areas by the Federal 
PSD program'' (for the PSD-related requirements of CAA sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), 110(a)(2)(J), 
and 110(a)(2)(K) for the NDEP and Washoe County portions of the SIP; 
see 77 FR 46361 at 46367).
---------------------------------------------------------------------------

    For all other final disapprovals of today's action (i.e., for the 
PSD-related requirements of CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), 110(a)(2)(J), and 110(a)(2)(K) 
for the NDEP and Washoe County portions of the SIP), we conclude that 
although the Nevada SIP remains deficient with respect to PSD 
requirements in both the NDEP and Washoe County portions of the SIP, 
these deficiencies are adequately addressed in each jurisdiction by the 
Federal PSD program, and therefore no further FIP obligation is 
triggered by today's action.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
because this partial approval and partial disapproval of SIP revisions 
under CAA section 110 will not in-and-of itself create any new 
information collection burdens but simply approves certain State 
requirements, and disapproves certain other State requirements, for 
inclusion into the SIP. Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. For purposes of assessing the impacts of today's rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's rule on small 
entities, I certify that this action will not have a significant impact 
on a substantial number of small entities. This rule does not impose 
any requirements or create impacts on small entities. This partial SIP 
approval and partial SIP disapproval under CAA section 110 will not in-
and-of itself create any new requirements but simply approves certain 
State requirements, and disapproves certain other State requirements, 
for inclusion into the SIP. Accordingly, it affords no opportunity for 
EPA to fashion for small entities less burdensome compliance or 
reporting requirements or timetables or exemptions from all or part of 
the rule. Therefore, this action will not have a significant economic 
impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. EPA has determined that the partial approval and partial 
disapproval action does not include a Federal mandate that may result 
in estimated costs of $100 million or more to either State, local, or 
tribal governments in the aggregate, or to the private sector. This 
action approves certain pre-existing requirements, and disapproves 
certain other pre-existing requirements, under State or local law, and 
imposes no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national

[[Page 64745]]

government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, because it merely approves certain State 
requirements, and disapproves certain other State requirements, for 
inclusion into the SIP and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
on which EPA is proposing action would not 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. Thus, 
Executive Order 13175 does not apply to this action.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it is not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997). This partial approval and partial disapproval 
under CAA section 110 will not in-and-of itself create any new 
regulations but simply approves certain State requirements, and 
disapproves certain other State requirements, for inclusion into the 
SIP.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    The EPA believes that this action is not subject to requirements of 
Section 12(d) of NTTAA because application of those requirements would 
be inconsistent with the Clean Air Act.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

K. Congressional Review Act

    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. 
section 804(2). This rule will be effective on November 23, 2012.

L. Petitions for Judicial Review

    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 December 24, 2012. 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, Oxides of nitrogen, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 28, 2012.
 Jared Blumenfeld,
Regional Administrator, Region IX.

    Therefore, 40 CFR Chapter I 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 in paragraph (e), the table is amended by:
0
a. Revising the entries for ``Section 11--Intergovernmental 
Consultation,'' ``Section 12--Resources,'' and ``445B.500'';
0
b. Adding an entry for ``Attachment D--Inter-Local Agreement Supporting 
CAA 110(a)(2)(A)-(M) Requirements'' after the entry for ``Section 11--
Intergovernmental Consultation'';
0
c. Adding entries for ``Enclosure 1--CAA 110(a)(2)(A)-(M) Requirements 
in the Current Nevada State Implementation Plan (SIP) for 8-Hour 
Ozone,'' ``Enclosure 1--CAA 110(a)(2)(A)-(M) Requirements in the 
Current Nevada State Implementation Plan (SIP) for PM2.5,'' 
``Enclosure 1--CAA 110(a)(2)(A)-(M) Requirements in the Current Nevada 
State Implementation Plan (SIP) for PM2.5,'' ``Attachment 
A--Current CAA 110(a)(2)(A)-(M) Requirements in the Washoe County 
Portion of the Nevada PM2.5 SIP,'' and ``Revisions to 
Nevada's Clean Air Act Section 110(a)(2) Plan Submittals as of July 
2012 (August 2012), excluding attachments A through D'' after the entry 
for ``Adopted Lead Implementation Plan for the Truckee Meadows Basin, 
4/26/84'';

[[Page 64746]]

0
d. Adding new table heading titled ``Nevada Revised Statutes, Title 18, 
State Executive Department, Chapter 232A, Boards, Commissions and 
Similar Bodies'' after the entry for ``0.039,'' and under the new 
heading, adding an entry for ``232A.020'';
0
e. Adding new table heading titled ``Nevada Revised Statutes, Title 23, 
Public Officers and Employees, Chapter 281A, Ethics in Government'' 
after the new entry for ``232A.020,'' and under the new heading, adding 
entries in numerical order for ``281A.150,'' ``281A.160,'' 
``282A.400,'' ``281A.410,'' and ``281A.420'';
0
f. Adding new table heading titled ``Nevada Revised Statutes, Title 40, 
Public Health and Safety, Chapter 439, Administration of Public 
Health'' after the entry for ``366.060,'' and under the new heading, 
adding an entry for ``439.390''; and
0
g. Adding an entry for ``445B.503'' after the entry for ``445B.500.''


Sec.  52.1470  Identification of plan.

* * * * *
    (e) * * *

                         EPA-Approved Nevada Nonregulatory and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date        Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
                             Air Quality Implementation Plan for the State of Nevada
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 11--Intergovernmental      State-wide..........      8/30/12  [Insert Federal       Submitted as
 Consultation.                                                         Register page         attachment D to
                                                                       number where the      NDEP's August 30,
                                                                       document begins] 10/  2012 SIP revision
                                                                       23/12.                submittal.
----------------------------------------------------------------------------------------------------------------
Attachment D--Inter-Local          Washoe County.......      12/4/09  [Insert Federal       Submitted as
 Agreement Supporting CAA                                              Register page         attachment D to
 110(a)(2)(A)-(M) Requirements.                                        number where the      NDEP's December 4,
                                                                       document begins] 10/  2009 SIP revision
                                                                       23/12.                submittal.
----------------------------------------------------------------------------------------------------------------
Section 12--Resources............  State-wide..........      8/30/12  [Insert Federal       Submitted as
                                                                       Register page         attachment A to
                                                                       number where the      NDEP's August 30,
                                                                       document begins] 10/  2012 SIP revision
                                                                       23/12.                submittal.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Enclosure 1--CAA 110(a)(2)(A)-(M)  State-wide, within         2/1/08  [Insert Federal       ``Infrastructure''
 Requirements in the Current        NDEP jurisdiction.                 Register page         SIP for the 1997 8-
 Nevada State Implementation Plan                                      number where the      Hour ozone
 (SIP) for 8-Hour Ozone.                                               document begins] 10/  standard.
                                                                       23/12.                Enclosures (2) and
                                                                                             (3) include copies
                                                                                             of the regulatory
                                                                                             and statutory
                                                                                             provisions
                                                                                             previously approved
                                                                                             in the Nevada SIP.
----------------------------------------------------------------------------------------------------------------
Enclosure 1--CAA 110(a)(2)(A)-(M)  State-wide, within        2/26/08  [Insert Federal       ``Infrastructure''
 Requirements in the Current        NDEP jurisdiction.                 Register page         SIP for the 1997
 Nevada State Implementation Plan                                      number where the      PM2.5 standard.
 (SIP) for PM2.5.                                                      document begins] 10/  Enclosures (2) and
                                                                       23/12.                (3) include copies
                                                                                             of the regulatory
                                                                                             and statutory
                                                                                             provisions
                                                                                             previously approved
                                                                                             in the Nevada SIP.
----------------------------------------------------------------------------------------------------------------
Enclosure 1-CAA 110(a)(2)(A)-(M)   State-wide, within        9/15/09  [Insert Federal       ``Infrastructure''
 Requirements in the Current        NDEP jurisdiction.                 Register page         SIP for the 2006
 Nevada State Implementation Plan                                      number where the      PM2.5 standard.
 (SIP) for PM2.5.                                                      document begins] 10/  Enclosures (2) and
                                                                       23/12.                (3) include copies
                                                                                             of the regulatory
                                                                                             and statutory
                                                                                             provisions
                                                                                             previously approved
                                                                                             in the Nevada SIP.
----------------------------------------------------------------------------------------------------------------
Attachment A--Current CAA          Washoe County.......     12/04/09  [Insert Federal       Attachment B
 110(a)(2)(A)-(M) Requirements in                                      Register page         includes Washoe
 the Washoe County Portion of the                                      number where the      County regulations,
 Nevada PM2.5 SIP.                                                     document begins] 10/  that are addressed
                                                                       23/12.                in separate
                                                                                             rulemakings.
                                                                                             Attachment C is the
                                                                                             PSD delegation
                                                                                             agreement between
                                                                                             Washoe County
                                                                                             District Health
                                                                                             Department and EPA
                                                                                             Region IX.
                                                                                             Attachment D
                                                                                             (``Inter-Local
                                                                                             Agreement
                                                                                             Supporting CAA
                                                                                             110(a)(2)(A)-(M)
                                                                                             Requirements'') is
                                                                                             approved into the
                                                                                             SIP and listed
                                                                                             separately in this
                                                                                             table.
----------------------------------------------------------------------------------------------------------------
Revisions to Nevada's Clean Air    State-wide..........      8/30/12  [Insert Federal       Attachment A
 Act Section 110(a)(2) Plan                                            Register page         (``Section 12-
 Submittals as of July 2012                                            number where the      Resources''), the
 (August 2012), excluding                                              document begins] 10/  individual
 attachments A through D.                                              23/12.                statutory
                                                                                             provisions in
                                                                                             attachment B
                                                                                             (``Statutes for
                                                                                             Inclusion in
                                                                                             Nevada's ASIP''),
                                                                                             and attachment D
                                                                                             (``Section 11--
                                                                                             Intergovernmental
                                                                                             Consultation'') are
                                                                                             listed separately
                                                                                             in this table.
                                                                                             Attachment C was
                                                                                             submitted for
                                                                                             information only
                                                                                             and not for
                                                                                             incorporation into
                                                                                             Nevada's SIP.
 

[[Page 64747]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Nevada Revised Statutes, Title 18, State Executive Department, Boards, Chapter 232A, Commissions and Similar
                                                     Bodies
----------------------------------------------------------------------------------------------------------------
232A.020.........................  Residency                 8/30/12  [Insert Federal       Submitted in
                                    requirement for                    Register page         attachment B to
                                    appointment; terms                 number where the      NDEP's August 30,
                                    of members;                        document begins] 10/  2012 SIP revision
                                    vacancies;                         23/12.                submittal. (Nevada
                                    qualification of                                         Revised Statutes,
                                    member appointed as                                      Volume 14, 2011, as
                                    representative of                                        published by the
                                    general public;                                          Legislative
                                    gubernatorial                                            Counsel, State of
                                    appointee                                                Nevada, section
                                    prohibited from                                          232A.020).
                                    serving on more
                                    than one board,
                                    commission or
                                    similar body.
----------------------------------------------------------------------------------------------------------------
      Nevada Revised Statutes, Title 23, Public Officers and Employees, Chapter 281A, Ethics in Government
----------------------------------------------------------------------------------------------------------------
281A.150.........................  ``Public employee''       8/30/12  [Insert Federal       Submitted in
                                    defined.                           Register page         attachment B to
                                                                       number where the      NDEP's August 30,
                                                                       document begins] 10/  2012 SIP revision
                                                                       23/12.                submittal. (Nevada
                                                                                             Revised Statutes,
                                                                                             Volume 18, 2011, as
                                                                                             published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             281A.150).
----------------------------------------------------------------------------------------------------------------
281A.160.........................  ``Public officer''        8/30/12  [Insert Federal       Submitted in
                                    defined.                           Register page         attachment B to
                                                                       number where the      NDEP's August 30,
                                                                       document begins] 10/  2012 SIP revision
                                                                       23/12.                submittal. (Nevada
                                                                                             Revised Statutes,
                                                                                             Volume 18, 2011, as
                                                                                             published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             481A.160).
----------------------------------------------------------------------------------------------------------------
281A.400.........................  General                   8/30/12  [Insert Federal       Submitted in
                                    requirements;                      Register page         attachment B to
                                    exceptions.                        number where the      NDEP's August 30,
                                                                       document begins] 10/  2012 SIP revision
                                                                       23/12.                submittal. (Nevada
                                                                                             Revised Statutes,
                                                                                             Volume 18, 2011, as
                                                                                             published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             281A.400).
----------------------------------------------------------------------------------------------------------------
281A.410.........................  Limitations on            8/30/12  [Insert Federal       Submitted in
                                    representing or                    Register page         attachment B to
                                    counseling private                 number where the      NDEP's August 30,
                                    persons before                     document begins] 10/  2012 SIP revision
                                    public agencies;                   23/12.                submittal. (Nevada
                                    disclosure required                                      Revised Statutes,
                                    by certain public                                        Volume 18, 2011, as
                                    officers.                                                published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             281A.410).
----------------------------------------------------------------------------------------------------------------
281A.420.........................  Requirements              8/30/12  [Insert Federal       Submitted in
                                    regarding                          Register page         attachment B to
                                    disclosure of                      number where the      NDEP's August 30,
                                    conflicts of                       document begins] 10/  2012 SIP revision
                                    interest and                       23/12.                submittal. (Nevada
                                    abstention from                                          Revised Statutes,
                                    voting because of                                        Volume 18, 2011, as
                                    certain types of                                         published by the
                                    conflicts; effect                                        Legislative
                                    of abstention on                                         Counsel, State of
                                    quorum and voting                                        Nevada, section
                                    requirements;                                            281A.420).
                                    exceptions.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 439, Administration of Public Health
----------------------------------------------------------------------------------------------------------------
439.390..........................  District board of         8/30/12  [Insert Federal       Submitted in
                                    health:                            Register page         attachment B, and
                                    Composition;                       number where the      as an exhibit to
                                    qualifications of                  document begins] 10/  attachment D, to
                                    members.                           23/12.                NDEP's August 30,
                                                                                             2012 SIP revision
                                                                                             submittal. (Nevada
                                                                                             Revised Statutes,
                                                                                             Volume 27, 2011, as
                                                                                             published by the
                                                                                             Legislative
                                                                                             Counsel, State of
                                                                                             Nevada, section
                                                                                             439.390).
 

[[Page 64748]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
445B.500.........................  Establishment and         8/30/12  [Insert Federal       Submitted in
                                    administration of                  Register page         attachment B to
                                    program; contents                  number where the      NDEP's August 30,
                                    of program;                        document begins] 10/  2012 SIP revision
                                    designation of air                 23/12.                submittal. (Nevada
                                    pollution control                                        Revised Statutes,
                                    agency of county                                         Volume 28, 2011, as
                                    for purposes of                                          published by the
                                    federal act; powers                                      Legislative
                                    and duties of local                                      Counsel, State of
                                    air pollution                                            Nevada, section
                                    control board;                                           445B.500).
                                    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.503.........................  Local air pollution       8/30/12  [Insert Federal       Submitted in
                                    control board in                   Register page         attachment B, and
                                    county whose                       number where the      as an exhibit to
                                    population is                      document begins] 10/  attachment D, to
                                    700,000 or more:                   23/12].               NDEP's August 30,
                                    Cooperation with                                         2012 SIP revision
                                    regional planning                                        submittal. (Nevada
                                    coalition and                                            Revised Statutes,
                                    regional                                                 Volume 28, 2011, as
                                    transportation                                           published by the
                                    commission;                                              Legislative
                                    prerequisites to                                         Counsel, State of
                                    adoption or                                              Nevada, section
                                    amendment of plan,                                       445B.503).
                                    policy or program.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



0
3. Section 52.1472 is amended by adding paragraphs (d), (e), and (f) to 
read as follows:


Sec.  52.1472  Approval status.

* * * * *
    (d) 1997 8-hour ozone NAAQS: The SIPs submitted on February 1, 2008 
and August 30, 2012 are partially disapproved for Clean Air Act (CAA) 
elements 110(a)(2)(C), (D)(ii), (J) and (K) for the Nevada Division of 
Environmental Quality (NDEP) and Washoe County portions of the Nevada 
SIP; and for CAA element 110(a)(2)(F) for the Clark County portion of 
the Nevada SIP.
    (e) 1997 P2.5 NAAQS: The SIPs submitted on February 26, 2008 and 
August 30, 2012 are partially disapproved for CAA elements 
110(a)(2)(C), (D)(ii), (J) and (K) for the NDEP and Washoe County 
portions of the Nevada SIP; and for CAA element 110(a)(2)(F) for the 
Clark County portion of the Nevada SIP.
    (f) 2006 PM2.5 NAAQS: The SIPs submitted on September 15, 2009, 
December 4, 2009, and August 30, 2012 are partially disapproved for CAA 
elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other 
state to prevent significant deterioration of air quality), (D)(ii), 
(J) and (K) for the NDEP and Washoe County portions of the Nevada SIP; 
for CAA element 110(a)(2)(D)(i)(I) for the NDEP, Washoe County, and 
Clark County portions of the Nevada SIP; and for CAA element 
110(a)(2)(F) for the Clark County portion of the Nevada SIP.

[FR Doc. 2012-25558 Filed 10-22-12; 8:45 am]
BILLING CODE 6560-50-P


