
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1882-1884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00340]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0673; FRL-9941-13-Region 9]


Partial Approval and Disapproval of Nevada Air Plan Revisions, 
Clark County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
partial approval and partial disapproval of revisions to the Clark 
County portion of the Nevada State Implementation Plan (SIP). The SIP 
revisions include rescission of four local rules that collectively 
apply to sources that emit volatile organic compounds (VOCs), oxides of 
sulfur (SOX), and particulate matter (PM). In this final 
action, the EPA is approving the rescission of two of the rules and 
disapproving the rescission of the other two rules. Approval of the 
rescission of the two local rules removes them from the Nevada SIP. The 
two rules for which the EPA is disapproving rescission remain in the 
Nevada SIP.

DATES: This rule is effective on February 16, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0673 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be 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 in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, Gong.Kevin@epa.gov.

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

Table of Contents

I. Proposed Action

[[Page 1883]]

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

I. Proposed Action

    On November 5, 2015 (80 FR 68486), under section 110(k)(3) of the 
Clean Air Act (CAA or ``Act''), the EPA proposed a partial approval and 
partial disapproval of the rescission of four local rules submitted by 
the Nevada Division of Environmental Protection (NDEP) on November 20, 
2014 as a revision to the Clark County portion of the Nevada SIP.
    Table 1 lists the rule rescissions that the EPA is approving in 
today's action, as currently ordered in the Nevada SIP.\1\
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    \1\ Unless otherwise specified, all references to CCAQR Sections 
in this document are to those sections in their entirety.

                                       Table 1--Approved Rule Rescissions
----------------------------------------------------------------------------------------------------------------
   Rule Section of the Clark
County Air Quality Regulations           Title           Local effective     SIP approval        FR citation
            (CCAQR)                                            date              date
----------------------------------------------------------------------------------------------------------------
Section 29....................  Sulfur Contents of      December 29, 1978  August 27, 1981.  46 FR 43141
                                 Fuel Oil.
Section 30, subsections 30.1-   Incinerators..........  December 29, 1978  August 27, 1981.  46 FR 43141
 30.7 (excluding subsection
 30.4).
Section 30, subsection 30.4...  [exemptions for         September 3, 1981  June 18, 1982...  47 FR 26386
                                 certain types of
                                 incinerators].
Section 30, subsection 30.8...  [related to maximum     September 3, 1981  June 18, 1982...  47 FR 26386
                                 allowable emission
                                 rates].
----------------------------------------------------------------------------------------------------------------

    Table 2 lists the rule rescissions that the EPA is disapproving in 
today's action, as currently ordered in the Nevada SIP.

                                      Table 2--Disapproved Rule Rescissions
----------------------------------------------------------------------------------------------------------------
                                                         Local effective     SIP approval
   Rule Section of the CCAQR             Title                 date              date            FR citation
----------------------------------------------------------------------------------------------------------------
Section 52, subsections 52.1-   Handling of Gasoline    December 28, 1978  April 14, 1981..  46 FR 21758
 52.10 (excluding subsections    at Service Stations,
 52.4.2.3 and 52.7.2).           Airports and Storage
                                 Tanks.
Section 52, subsections         [related to vapor       September 3, 1981  June 18, 1982...  47 FR 26386
 52.4.2.3 and 52.7.2.            recovery and sales
                                 information].
Section 60 (excluding           Evaporation and         June 28, 1979....  April 14, 1981..  46 FR 21758
 subsections 60.4.2-60.4.3).     Leakage.
Section 60, subsection 60.4.2.  [General prohibition    September 3, 1981  March 20, 1984..  49 FR 10259
                                 on the use of cutback
                                 asphalt].
Section 60, subsection 60.4.3.  [Exceptions to          September 3, 1981  June 18, 1982...  47 FR 26386
                                 subsection 60.4.2].
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    We proposed approval of the rescission of CCAQR sections 29 and 30, 
as approved into the SIP, based on our conclusion that these rules were 
not specifically required under the CAA and that rescission would be 
consistent with section 110(l) of the CAA, i.e., the rescission of the 
two rules would not interfere with attainment or maintenance of any of 
the national ambient air quality standards (NAAQS). We proposed to 
disapprove the rescission of CCAQR sections 52 and 60, as approved into 
the SIP, because rescission would be inconsistent with section 110(l) 
of the CAA. More specifically, we concluded that rescission of sections 
52 and 60 would allow for an increase in VOC emissions and thus would 
not be protective of the 2008 ozone NAAQS. Our conclusion in this 
regard derives from the following findings:
    1. The rescission of Section 52 would allow an increase in VOC 
emissions from gasoline dispensing facilities that would not be 
controlled by other regulations.
    2. The rescission of Section 60 would allow an increase in VOC 
emissions from the allowance of cutback asphalt use during summer 
months that would not be controlled by other regulations.
    Our proposed action contains more information on the basis for this 
rulemaking and on our evaluation of the submittal.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    Under section 110(k)(3) of the Act, the EPA is finalizing a partial 
approval and partial disapproval of the SIP revision submitted by NDEP 
on November 20, 2014. More specifically, we are approving the 
rescission of CCAQR Sections 29 and 30 from the Nevada SIP and we are 
disapproving the rescission of CCAQR Sections 52 and 60. Rescission of 
CCAQR Sections 29 and 30 means the removal of the rules from the Nevada 
SIP. Disapproval of the rescission of CCAQR Sections 52 and 60 means 
that the rules remain in the Nevada SIP.
    This final partial disapproval does not trigger sanctions or a 
Federal Implementation Plan (FIP) clock. Sanctions will not be imposed 
under CAA section 179(b) because the SIP submittal that we are 
partially disapproving is not a required SIP submittal. The EPA will 
not promulgate a FIP in this instance under CAA section 110(c)(1) 
because the partial disapproval of the SIP revision retains existing 
SIP rules and does not reveal a deficiency in the SIP for the area that 
a FIP must correct.

[[Page 1884]]

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and 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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

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

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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 March 14, 2016. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
dioxide, Volatile organic compounds.

    Dated: December 24, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart DD--Nevada


Sec.  52.1470  [Amended]

0
2. In Sec.  52.1470 in paragraph (c), Table 3 is amended by removing 
the entries for ``Section 29,'' ``Section 30: Subsections 30.1-30.7 
(excluding subsection 30.4),'' ``Section 30 (Incinerators): Subsection 
30.4,'' and ``Section 30 (Incinerators): Subsection 30.8.''

[FR Doc. 2016-00340 Filed 1-13-16; 8:45 am]
 BILLING CODE 6560-50-P


