
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27622-27624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12470]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0653; FRL-9963-43-Region 9]


Approval of Nevada Air Plan Revisions, Clark County Department of 
Air Quality and Washoe County Health District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Clark County Department of Air 
Quality (CCDAQ) and Washoe County Health District (WCHD) portions of 
the Nevada State Implementation Plan (SIP). These revisions concern 
emissions of particulate matter (PM) from fugitive dust and wood 
burning. We are approving local rules that regulate these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: These rules are effective on July 17, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2016-0683. All

[[Page 27623]]

documents in the docket are listed on the http://www.regulations.gov 
Web site. Although listed in the index, some information is not 
publicly available, e.g., Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 
(415) 947-4125, vineyard.christine@epa.gov.

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On March 10, 2017 (82 FR 13278), the EPA proposed to approve the 
following rules into the Nevada SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
           Local agency                Rule No.              Rule title              amended/        Submitted
                                                                                      revised
----------------------------------------------------------------------------------------------------------------
WCHD..............................         010.000  Definitions.................        05/26/16        08/15/16
WCHD..............................         040.051  Wood-Burning Devices........        05/26/16        08/15/16
CCDAQ.............................              26  Emission of Visible Air             05/05/16        06/29/15
                                                     Contaminants.
----------------------------------------------------------------------------------------------------------------

    CCDAQ Rule 26 was revised to reference EPA Test Method 9 to 
determine compliance. WCHD Rules 010.000 and 040.051 were revised to 
add requirements from another WCHD rule and from national wood heater 
requirements. We proposed to approve these revised rules because we 
determined that they complied with the relevant CAA requirements. Our 
proposed action contains more information on the rules and our 
evaluation.

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

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving these rules into the 
Nevada SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the WCHD 
and CCDAQ rules described in the amendments to 40 CFR part 52 set forth 
below. Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\1\ The EPA 
has made, and will continue to make, these documents available through 
www.regulations.gov and at the EPA Region IX Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General

[[Page 27624]]

of the United States. The EPA will submit a report containing this 
action and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to publication of the rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 15, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: May 23, 2017.
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

0
2. In Sec.  52.1470(c), Table 3 is amended by revising the entry for 
``Section 26:'' and Table 7 is amended by revising the entries for 
``010.000'' and ``040.051'' to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
                                                              County                              Additional
        County citation               Title/subject       effective date  EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                   * * * * * *
Section 26.....................  Emission of Visible Air      05/05/2016  [INSERT Federal    Submitted on June
                                  Contaminants.                            Register           29, 2015.
                                                                           CITATION], 06/16/
                                                                           2017.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

                                 Table 7--EPA-Approved Washoe County Regulations
----------------------------------------------------------------------------------------------------------------
                                                             District                             Additional
       District citation              Title/subject       effective date  EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
010.000........................  Definitions............      05/26/2016  [INSERT Federal    Submitted on August
                                                                           Register           15, 2016.
                                                                           CITATION], 06/16/
                                                                           2017.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
040.051........................  Wood-Burning Devices...      05/26/2016  [INSERT Federal    Submitted on August
                                                                           Register           15, 2016.
                                                                           CITATION], 06/16/
                                                                           2017.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-12470 Filed 6-15-17; 8:45 am]
 BILLING CODE 6560-50-P


