[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Rules and Regulations]
[Pages 51766-51767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7316]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2006-0464; FRL-8210-2]
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
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on June 9, 2006, and include the air pollution sections of the
Nevada Revised Statutes (NRS). We are approving these statutes in order
to regulate emission sources under the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: Effective Date: This rule is effective on October 2, 2006.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2006-0464 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 June 9, 2006, (71 FR 33413), EPA proposed to approve into the
Nevada SIP those statutes that are listed in the table below. These
statutes were submitted on January 12, 2006 and March 24, 2006.
Statutes Submitted for Approval
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Nevada revised statutes (NRS) Title Submittal date
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445B.105.......................... Definitions......... 01/12/06
445B.110.......................... Air contaminant..... 01/12/06
445B.115.......................... Air pollution....... 01/12/06
445B.120.......................... Commission.......... 01/12/06
445B.125.......................... Department.......... 01/12/06
445B.130.......................... Director............ 01/12/06
445B.135.......................... Federal Act......... 01/12/06
445B.140.......................... Hazardous air 01/12/06
pollutant.
445B.145.......................... Operating permit.... 01/12/06
445B.150.......................... Person.............. 01/12/06
0.039............................. Person.............. 03/24/06
445B.155.......................... Source and indirect 01/12/06
source.
445B.210.......................... Powers of Commission 01/12/06
445B.220.......................... Additional powers of 01/12/06
Commission.
445B.225.......................... Power of Commission 01/12/06
to require testing
of sources.
445B.235.......................... Additional powers of 01/12/06
Department.
445B.245.......................... Power of Department 01/12/06
to perform or
require test of
emissions from
stacks.
445B.275.......................... Creation; members; 01/12/06
terms.
445B.280.......................... Attendance of 01/12/06
witnesses at
hearing; contempt;
compensation.
445B.300.......................... Operating permit for 01/12/06
source of air
contaminant; notice
and approval of
proposed
construction;
administrative
fees; failure of
Commission or
Department to act.
445B.320.......................... Approval of plans 01/12/06
and specifications
required before
construction or
alteration of
structure.
445B.500.......................... Establishment and 01/12/06
administration of
program; contents
of program;
designation of air
pollution control
agency of county
for purposes of
federal act; powers
and duties of local
air pollution
control board;
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.510.......................... Commission may 01/12/06
require program for
designated area.
445B.520.......................... Commission may 01/12/06
establish or
supersede county
program.
445B.530.......................... Commission may 01/12/06
assume jurisdiction
over specific
classes of air
contaminants.
445B.540.......................... Restoration of 01/12/06
superseded local
program;
continuation of
existing local
program.
445B.560.......................... Plan or procedure 01/12/06
for emergency.
445B.595.......................... Governmental sources 01/12/06
of air contaminants
to comply with
state and local
provisions
regarding air
pollution; permit
to set fire for
training purposes;
planning and zoning
agencies to
consider effects on
quality of air.
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We proposed to approve these statutes because we determined that
they complied with the relevant CAA requirements. Our proposed action
contains more information on the statutes and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period. We
did not receive any comments on the proposed action.
III. EPA Action
No comments were submitted that change our assessment that the
submitted statutes comply with the relevant CAA requirements.
Therefore, as authorized in section 110(k)(3) of the
[[Page 51767]]
Act, EPA is fully approving these statutes into the Nevada SIP.\1\
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\1\ Final approval of the submitted statutes supersedes the
following statutes in the applicable SIP (superseding statute or
statutes are shown in parentheses): NRS 445.406 (NRS 445B.105); NRS
445.411 (NRS 445B.110); NRS 445.416 (NRS 445B.115); NRS 445.421 (NRS
445B.120); NRS 445.424 (NRS 445B.125); NRS 445.427 (NRS 445B.130);
NRS 445.431 (NRS 445B.135); NRS 445.441 (NRS 445B.150 and NRS
0.039); NRS 445.446 (NRS 445B.155); NRS 445.461 (NRS 445B.210); NRS
445.471 (NRS 445B.220); NRS 445.472 (NRS 445B.225); NRS 445.474 (NRS
445B.235); NRS 445.477 (NRS 445B.245); NRS 445.481 (NRS 445B.275);
NRS 445.486 (NRS 445B.280); NRS 445.491 (NRS 445B.300); NRS 445.496
(NRS 445B.320); NRS 445.546 (NRS 445B.500); NRS 445.551 (NRS
445B.510); NRS 445.556 (NRS 445B.520); NRS 445.561 (NRS 445B.530);
NRS 445.566 (NRS 445B.540); NRS 445.571 (NRS 445B.560); and NRS
445.586 (NRS 445B.595). NRS 445B.140 (``Hazardous air pollutant'')
and NRS 445B.145 (``Operating permit'') are new to the SIP.
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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 state law
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 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 October 30, 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.
Dated: August 2, 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 paragraphs (c)(56)(i)(A)(4) and
(c)(59) to read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
(56) * * *
(i) * * *
(A) * * *
(4) Title 40, Chapter 445B of Nevada Revised Statutes (2003):
Sections 445B.105, 445B.110, 445B.115, 445B.120, 445B.125, 445B.130,
445B.135, 445B.140, 445B.145, 445B.150, 445B.155, 445B.210, 445B.220,
445B.225, 445B.235, 445B.245, 445B.275, 445B.280, 445B.300, 445B.320,
445B.500, 445B.510, 445B.520, 445B.530, 445B.540, 445B.560, and
445B.595.
* * * * *
(59) The following statute was submitted on March 24, 2006, by the
Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Title 0, Preliminary Chapter-General Provisions, of Nevada
Revised Statutes: Section 0.039, effective April 29, 1985.
[FR Doc. 06-7316 Filed 8-30-06; 8:45 am]
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