[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15040-15043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2868]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2005-NV-0001; FRL-8045-9]
Revisions to the Nevada State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions to the Nevada State
[[Page 15041]]
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on September 13, 2005 and include definitions, sulfur oxide
emission regulations, and various other burning regulations. We are
approving these regulations in order to regulate these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: Effective Date: This rule is effective on April 26, 2006.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2005-NV-0001
for this action. The index to the docket is available electronically at
http://regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, EPA Region IX, (415)
947-4126, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Proposed Action
On September 13, 2005 (70 FR 53975), EPA proposed to approve into
the Nevada SIP those regulations that are listed below in Table 1. We
have revised the submittal date from February 16, 2005 (as listed in
our proposal) to January 12, 2006 to reflect the most recent submittal
of the rules to EPA. With respect to the rules listed in Table 1, the
submittals dated February 16, 2005 and January 12, 2006 are identical,
and we consider the earlier submittal to be superseded by the later
submittal. As explained in section II, Public Comments and EPA
Responses, of this notice, we are not taking final action in this
notice on five of the definitions for which we had proposed approval in
our September 13, 2005 notice.
Table 1.--Submitted Regulations
------------------------------------------------------------------------
NAC No. NAC title Adopted Submitted
------------------------------------------------------------------------
445B.001......... Definitions.......... 08/19/04 01/12/06
445B.002......... Act.................. 09/16/76 01/12/06
445B.004......... Administrator........ 08/19/82 01/12/06
445B.005......... Affected Facility.... 10/03/95 01/12/06
445B.006......... Affected Source...... 09/18/01 01/12/06
445B.009......... Air-conditioning 09/16/76 01/12/06
equipment.
445B.011......... Air pollution........ 01/22/98 01/12/06
445B.018......... Ambient air.......... 09/03/87 01/12/06
445B.022......... Atmosphere........... 09/16/76 01/12/06
445B.030......... British thermal units 09/03/87 01/12/06
445B.042......... Combustible refuse... 09/16/76 01/12/06
445B.0425........ Commission........... 01/22/98 01/12/06
445B.047......... Continuous monitoring 09/16/76 01/12/06
system.
445B.051......... Day.................. 09/03/87 01/12/06
445B.053......... Director............. 09/16/76 01/12/06
445B.055......... Effective date of the 11/03/93 01/12/06
program.
445B.056......... Emergency............ 11/03/93 01/12/06
445B.058......... Emission............. 01/22/98 01/12/06
445B.059......... Emission unit........ 10/03/95 01/12/06
445B.060......... Enforceable.......... 08/19/82 01/12/06
445B.061......... EPA.................. 11/03/93 01/12/06
445B.072......... Fuel................. 09/03/87 01/12/06
445B.073......... Fuel-burning 08/29/90 01/12/06
equipment.
445B.075......... Fugitive dust........ 03/03/94 01/12/06
445B.077......... Fugitive emissions... 10/03/95 01/12/06
445B.080......... Garbage.............. 09/16/76 01/12/06
445B.086......... Incinerator.......... 09/16/76 01/12/06
445B.091......... Local air pollution 09/16/76 01/12/06
control agency.
445B.095......... Malfunction.......... 09/16/76 01/12/06
445B.097......... Maximum allowable 09/03/87 01/12/06
throughput.
445B.103......... Monitoring device.... 03/03/94 01/12/06
445B.106......... Multiple chamber 09/16/76 01/12/06
incinerator.
445B.109......... Nitrogen oxides...... 03/03/94 01/12/06
445B.112......... Nonattainment area... 10/03/95 01/12/06
445B.113......... Nonroad engine....... 05/10/01 01/12/06
445B.1135........ Nonroad vehicle...... 05/10/01 01/12/06
445B.116......... Odor................. 10/03/95 01/12/06
445B.119......... One-hour period...... 09/03/87 01/12/06
445B.121......... Opacity.............. 09/16/76 01/12/06
445B.122......... Open burning......... 09/16/76 01/12/06
445B.125......... Ore.................. 09/12/78 01/12/06
445B.127......... Owner or operator.... 09/16/76 01/12/06
445B.129......... Particulate matter... 09/16/76 01/12/06
445B.130......... Pathological wastes.. 10/03/95 01/12/06
445B.135......... PM10................. 11/18/91 01/12/06
445B.144......... Process equipment.... 09/16/76 01/12/06
445B.145......... Process weight....... 10/03/95 01/12/06
445B.151......... Reference conditions. 09/03/87 01/12/06
445B.152......... Reference method..... 10/03/95 01/12/06
[[Page 15042]]
445B.161......... Run.................. 09/16/76 01/12/06
445B.163......... Salvage operation.... 09/16/76 01/12/06
445B.167......... Shutdown............. 09/16/76 01/12/06
445B.168......... Single chamber 11/08/77 01/12/06
incinerator.
445B.174......... Smoke................ 09/16/76 01/12/06
445B.176......... Solid waste.......... 09/16/76 01/12/06
445B.177......... Source............... 10/03/95 01/12/06
445B.180......... Stack and chimney.... 10/03/95 01/12/06
445B.182......... Standard............. 03/03/94 01/12/06
445B.185......... Start-up............. 09/16/76 01/12/06
445B.198......... Uncombined water..... 09/16/76 01/12/06
445B.205......... Waste................ 09/16/76 01/12/06
445B.207......... Wet garbage.......... 09/16/76 01/12/06
445B.209......... Year................. 09/03/87 01/12/06
445B.211......... Abbreviations........ 08/19/04 01/12/06
445B.2204........ Sulfur emission...... 09/16/76 01/12/06
445B.22043....... Sulfur emissions: 08/19/04 01/12/06
Calculation of total
feed sulfur.
445B.22047....... Sulfur emissions: 09/09/99 01/12/06
Fuel-burning
equipment.
445B.2205........ Sulfur emissions: 08/19/04 01/12/06
Other processes
which emit sulfur.
445B.22067....... Open burning......... 02/26/04 01/12/06
445B.2207........ Incinerator burning.. 02/26/04 01/12/06
445B.2209........ Reduction of animal 09/16/76 01/12/06
matter.
445B.22097....... Standards of quality 02/26/04 01/12/06
for ambient air.
445B.230......... Plan for reduction of 08/19/04 01/12/06
emissions.
------------------------------------------------------------------------
We proposed to approve these regulations because we determined that
they complied with the relevant CAA requirements. Our proposed action
contains more information on the regulations and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we received a comment from Jennifer L. Carr, P.E.,
Chief, Bureau of Air Quality Planning, Nevada Division of Environmental
Protection (NDEP), in a letter dated October 5, 2005. The comment
requested that EPA not approve two definitions, NAC 445B.063, Excess
emissions; and NAC 445B.153, Regulated air pollutant, that EPA had
proposed for approval. In response, we are not taking final action on
those two definitions in today's notice. EPA will take action on
revised versions of these provisions in a separate Federal Register
action.
While no other comments were received, we have decided, upon
further review, not to take final action at this time on three
additional definitions for which we had proposed approval in our
September 13, 2005 notice: NAC 445B.134, Person; NAC 445B.084,
Hazardous air pollutant; and NAC 445B.196, Toxic regulated air
pollutant. We have decided not to take final action on NAC 445B.134,
Person, because it relies upon two statutory definitions of the term,
only one of which has been submitted to EPA as a SIP revision. The
other two definitions, NAC 445B.084, Hazardous air pollutant; and NAC
445B.196, Toxic regulated air pollutant, do not relate to criteria air
pollutants and thus are not appropriate for approval as part of the
SIP. EPA will take action on NAC 445B.134, Person, in a separate
Federal Register action.
Lastly, in this notice, we have corrected erroneous adoption dates
listed in the proposal for the following rules: NAC 445B.103,
Monitoring device; NAC 445B.125, Ore; and NAC 445B.2205, Sulfur
emissions: Other processes which emit sulfur.
III. EPA Action
The comment submitted does not change our assessment of the
remaining regulations. Therefore, as authorized in section 110(k)(3) of
the Act, EPA is fully approving these regulations into the Nevada SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from
[[Page 15043]]
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 26, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxide.
Dated: March 7, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DD--Nevada
0
2. Section 52.1470 is amended by adding paragraph (c)(56) to read as
follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
(56) The following regulations and statutes were submitted on
January 12, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) The following sections of the Nevada Air Quality Regulations
were adopted on the dates listed below and recodified as Chapter 445B
of the Nevada Administrative Code in November 1994:
(i) September 16, 1976: 445B.002, 445B.009, 445B.022, 445B.042,
445B.047, 445B.053, 445B.080, 445B.086, 445B.091, 445B.095, 445B.106,
445B.121, 445B.122, 445B.127, 445B.129, 445B.144, 445B.161, 445B.163,
445B.167, 445B.174, 445B.176, 445B.185, 445B.198, 445B.205, 445B.207,
445B.2204, and 445B.2209.
(ii) November 8, 1977: 445B.168.
(iii) September 12, 1978: 445B.125.
(2) The following sections of Chapter 445 of the Nevada
Administrative Code were adopted on the dates listed below and
recodified as Chapter 445B of the Nevada Administrative Code in
November 1994:
(i) August 19, 1982: 445B.004 and 445B.060.
(ii) September 3, 1987: 445B.018, 445B.030, 445B.051, 445B.072,
445B.097, 445B.119, 445B.151, and 445B.209.
(iii) August 29, 1990: 445B.073.
(iv) November 18, 1991: 445B.135.
(v) November 3, 1993: 445B.055, 445B.056, and 445B.061.
(vi) March 3, 1994: 445B.075, 445B.103, 445B.109, and 445B.182.
(3) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed below:
(i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112,
445B.116, 445B.130, 445B.145, 445B.152, 445B.177, and 445B.180.
(ii) January 22, 1998: 445B.011, 445B.0425, and 445B.058.
(iii) September 9, 1999: 445B.22047.
(iv) May 10, 2001: 445B.113 and 445B.1135.
(v) September 18, 2001: 445B.006.
(vi) February 26, 2004: 445B.22067, 445B.2207, and 445B.22097.
(vii) August 19, 2004: 445B.001, 445B.211, 445B.22043, 445B.2205,
and 445B.230.
[FR Doc. 06-2868 Filed 3-24-06; 8:45 am]
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