Revisions of Air Quality Implementation Plan; Nevada; Clark County; Stationary Source Permits, 62350-62352 [2014-24510]
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62350
Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations
(Consumer Products), amended March
15, 2013.
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[FR Doc. 2014–24492 Filed 10–16–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0495; FRL–9917–82–
Region–9]
Revisions of Air Quality
Implementation Plan; Nevada; Clark
County; Stationary Source Permits
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
revisions to the Clark County
Department of Air Quality (Clark or
DEQ) portion of the Nevada State
Implementation Plan (SIP). This action
was proposed in the Federal Register on
July 23, 2014, and concerns seven Clark
County permitting related rules
submitted by Nevada Division of
SUMMARY:
Environmental Protection (NDEP). Final
approval of these rules makes these
rules federally enforceable and corrects
program deficiencies identified in
previous EPA rulemaking.
DATES: These rules will be effective on
November 17, 2014.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2014–0495 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
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 https://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:
Laura Yannayon, EPA Region IX, (415)
972–3534, yannayon.laura@epa.gov.
This
action concerns seven Clark County
permitting related rules (referred to as
Sections) submitted by Nevada Division
of Environmental Protection (NDEP):
Sections 0—Definitions, 12.0—
Applicability, General Requirements
and Transition Procedures, 12.1—
Permit Requirements for Minor Sources,
12.2—Permit Requirements for Major
Sources in Attainment Areas, 12.3—
Permit Requirements for Major Sources
in Nonattainment Areas, 12.4—
Authority to Construct Application and
Permit Requirements for Part 70
Sources, and subsection 12.7.5 of
Section 12.7—Emission Reduction
Credits.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’
‘‘us’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 23, 2014 (79 FR 42752), EPA
proposed to approve the following rules
into the Clark portion of the Nevada SIP.
TABLE 1—SUBMITTED NSR RULES
Section No.
Section title
0 ...............................................
12.0 ..........................................
12.1 ..........................................
12.2 ..........................................
Definitions .........................................................................................................
Applicability, General Requirements and Transition Procedures .....................
Permit Requirements for Minor Sources ..........................................................
Permit Requirements for Major Sources in Attainment Areas (Prevention of
Significant Deterioration).
Permit Requirements for Major Sources in Nonattainment Areas ...................
Authority to Construct Application and Permit Requirements for Part 70
Sources.
Emission Reduction Credits ..............................................................................
12.3 ..........................................
12.4 ..........................................
12.7 (Subsection 12.7.5) ..........
We proposed to approve these rules
because we determined that they
address deficiencies identified in a
Adopted
previous action (77 FR 64039, October
18, 2012), and complied with the
relevant CAA requirements. On July 23,
Submitted
3/18/14
3/18/14
3/18/14
3/18/14
4/1/14
4/1/14
4/1/14
4/1/14
3/18/14
3/18/14
4/1/14
4/1/14
5/18/10
4/1/14
2014, we simultaneously proposed to
remove several outdated regulations
from the SIP as listed below.
TABLE 2—RULES REQUESTED TO RESCIND
Section title
1 ...................
11 .................
24 .................
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Section No.
Definitions ......................................................................................................................................
Ambient Air Quality Standards ......................................................................................................
Sampling and Testing—Records and Reports .............................................................................
We have reconsidered our proposed
rescission of all of the remaining
defined terms in section 1
(‘‘Definitions’’) and are taking final
action to rescind all of them with the
exception of certain defined terms that
are necessary to retain because they are
relied upon in certain Clark County
rules in the existing SIP. The terms in
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21:55 Oct 16, 2014
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Repealed
section 1 for which we are deferring
final rescission action at this time, and
the corresponding Clark County SIP rule
that relies on the term, are as follows:
‘‘affected facility’’ (SIP section 23),
‘‘dust’’ (SIP section 27), ‘‘existing
gasoline station’’ (SIP section 52),
‘‘fumes’’ (SIP section 27), ‘‘mist’’ (SIP
section 1 definition of ‘‘uncombined
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3/18/14
4/05/11
3/16/10
Submitted
4/01/14
4/01/14
4/01/14
water’’), ‘‘new gasoline station’’ (SIP
section 52), ‘‘new source’’ (SIP section
26), ‘‘single source’’ (SIP section 26),
‘‘standard conditions’’ (SIP section 30),
and ‘‘uncombined water’’ (SIP section
26).
Our proposed action and the
associated Technical Support Document
(TSD) contains more information on the
E:\FR\FM\17OCR1.SGM
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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations
basis for this rulemaking and on our
evaluation of the submitted rules and
rule rescissions.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received no comments.
mstockstill on DSK4VPTVN1PROD with RULES
III. EPA Action
No comments were submitted.
Therefore, as authorized in section
110(k)(3) of the Act, EPA is fully
approving these rules and rule
rescissions 1 as revisions to the Clark
County portion of the Nevada SIP.
IV. 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, 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, in part, and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this final action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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);
1 As noted above, we are deferring final rescission
action on ‘‘affected facility’’, ‘‘dust’’, ‘‘existing
VerDate Sep<11>2014
21:55 Oct 16, 2014
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• 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 EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this final rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to 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.
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 December 16,
2014. 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)).
62351
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 29, 2014.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Therefore, 40 CFR Chapter I is
amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. In § 52.1470 in paragraph (c), Table
3 is amended by:
■ a. Revising the entries for ‘‘Section 0,’’
‘‘Section 12.0,’’ ‘‘Section 12.1,’’ ‘‘Section
12.2,’’ ‘‘Section 12.3,’’ and ‘‘Section
12.4’’;
■ b. Adding an entry for ‘‘Section 12.7:
Subsection 12.7.5’’ after the entry for
‘‘Section 12.4’’; and
■ c. Removing the entries for ‘‘Section 1
(‘‘Definitions’’): Subsection 1.6’’,
‘‘Section 1 (‘‘Definitions’’): Subsection
1.11’’, ‘‘Section 1 (‘‘Definitions’’):
Subsection 1.12’’, ‘‘Section 1
(‘‘Definitions’’): Subsection 1.16’’,
‘‘Section 1 (‘‘Definitions’’): Subsection
1.23’’, ‘‘Section 1 (‘‘Definitions’’):
Subsection 1.28’’, ‘‘Section 1
(‘‘Definitions’’): Subsection 1.30’’,
‘‘Section 1 (‘‘Definitions’’): Subsection
1.40’’, ‘‘Section 1 (‘‘Definitions’’):
Subsection 1.41’’, ‘‘Section 1
(‘‘Definitions’’): Subsection 1.44’’,
‘‘Section 1 (‘‘Definitions’’): Subsection
1.60’’, ‘‘Section 1 (‘‘Definitions’’):
Subsection 1.70’’, ‘‘Section 1
(‘‘Definitions’’): Subsection 1.83’’,
‘‘Section 1 (‘‘Definitions’’): Subsection
1.84’’, ‘‘Section 1 (‘‘Definitions’’):
Subsection 1.87’’, ‘‘Section 1
(‘‘Definitions’’): Subsection 1.91’’,
‘‘Section 1 (‘‘Definitions’’): Subsection
1.97’’, ‘‘Section 11’’, and ‘‘Section 24:
Subsections 24.1–24.5.’’
The revised and added text reads as
follows:
■
List of Subjects in 40 CFR Part 52
§ 52.1470
Environmental protection, Air
pollution control, Carbon monoxide,
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gasoline station’’, ‘‘fumes’’, ‘‘mist’’, ‘‘new gasoline
station’’, ‘‘new source’’, ‘‘single source’’, ‘‘standard
conditions’’, and ‘‘uncombined water’’.
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Identification of plan.
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62352
Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations
TABLE 3—EPA-APPROVED CLARK COUNTY REGULATIONS
County
effective
date
County citation
Title/Subject
EPA approval date
Additional explanation
Section 0 ........................
Definitions .....................
4/1/14
[Insert Federal Register
citation], 10/17/14.
Amended by Clark County Board of County
Commissioners on March 18, 2014 through
Ordinance No. 4189. Submitted by NDEP on
4/1/14.
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Section 12.0 ...................
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Applicability, General
Requirements and
Transition Procedures.
4/1/14
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[Insert Federal Register
citation], 10/17/14.
Section 12.1 ...................
Permit Requirements for
Minor Sources.
4/1/14
[Insert Federal Register
citation], 10/17/14.
Section 12.2 ...................
Permit Requirements for
Major Sources in Attainment Areas (Prevention of Significant
Deterioration).
Permit Requirements for
Major Sources in
Nonattainment Areas.
4/1/14
[Insert Federal Register
citation], 10/17/14.
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Amended by Clark County Board of County
Commissioners on March 18, 2014 through
Ordinance No. 4189. Submitted by NDEP on
4/1/14.
Amended by Clark County Board of County
Commissioners on March 18, 2014 through
Ordinance No. 4189. Submitted by NDEP on
4/1/14.
Amended by Clark County Board of County
Commissioners on March 18, 2014 through
Ordinance No. 4189. Submitted by NDEP on
4/1/14.
4/1/14
[Insert Federal Register
citation], 10/17/14.
Authority to Construct
Application and Permit Requirements For
Part 70 Sources.
Emission Reduction
Credits.
4/1/14
[Insert Federal Register
citation], 10/17/14.
7/1/10
[Insert Federal Register
citation], 10/17/14.
Section 12.3 ...................
Section 12.4 ...................
Section 12.7: Subsection
12.7.5.
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[FR Doc. 2014–24510 Filed 10–16–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0123; FRL–9917–42–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Amendments to Gasoline Vapor
Recovery Requirements for Illinois
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Illinois Environmental
Protection Agency (IEPA) on January 17,
2014, concerning the state’s gasoline
vapor recovery requirements. The
revision phases out the Stage II vapor
recovery (Stage II) program
requirements in the Illinois portion of
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SUMMARY:
VerDate Sep<11>2014
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the Chicago ozone nonattainment area
(NAA) as a component of the Illinois
ozone SIP. The SIP revision also
includes amendments to the state’s
permitting regulations applicable to
storage tanks and fuel dispensing,
including repealing the Stage I vapor
recovery (Stage I) registration provisions
due to overlapping Federal notification
requirements and state tracking systems
for gasoline dispensing operations.
Finally, the SIP revision includes other
clarifying and clean-up amendments at
35 Ill. Adm. Code Parts 201, 218, and
219. The submittal also includes a
demonstration under section 110(l) of
the Clean Air Act (CAA) that shows
there are no emissions impacts
associated with the removal of the
program.
This direct final rule is effective
December 16, 2014, unless EPA receives
adverse comments by November 17,
2014. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
DATES:
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Frm 00028
Fmt 4700
Amended by Clark County Board of County
Commissioners on March 18, 2014 through
Ordinance No. 4189. Submitted by NDEP on
4/1/14.
Amended by Clark County Board of County
Commissioners on March 18, 2014 through
Ordinance No. 4189. Submitted by NDEP on
4/1/14.
The heading for subsection 12.7.5 is ‘‘Criteria for
Granting ERCs.’’ Adopted by Clark County
Board of County Commissioners on May 18,
2010 through Ordinance No. 3864. Submitted
by NDEP on 4/1/14.
Sfmt 4700
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2014–0123, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2014–
ADDRESSES:
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]]>Agencies
[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62350-62352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24510]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0495; FRL-9917-82-Region-9]
Revisions of Air Quality Implementation Plan; Nevada; Clark
County; Stationary Source Permits
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the Clark County Department of Air Quality
(Clark or DEQ) portion of the Nevada State Implementation Plan (SIP).
This action was proposed in the Federal Register on July 23, 2014, and
concerns seven Clark County permitting related rules submitted by
Nevada Division of Environmental Protection (NDEP). Final approval of
these rules makes these rules federally enforceable and corrects
program deficiencies identified in previous EPA rulemaking.
DATES: These rules will be effective on November 17, 2014.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2014-0495 for
this action. Generally, documents in the docket for this action are
available electronically at https://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 https://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: Laura Yannayon, EPA Region IX, (415)
972-3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION: This action concerns seven Clark County
permitting related rules (referred to as Sections) submitted by Nevada
Division of Environmental Protection (NDEP): Sections 0--Definitions,
12.0--Applicability, General Requirements and Transition Procedures,
12.1--Permit Requirements for Minor Sources, 12.2--Permit Requirements
for Major Sources in Attainment Areas, 12.3--Permit Requirements for
Major Sources in Nonattainment Areas, 12.4--Authority to Construct
Application and Permit Requirements for Part 70 Sources, and subsection
12.7.5 of Section 12.7--Emission Reduction Credits.
Throughout this document, ``we,'' ``us'' and ``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 23, 2014 (79 FR 42752), EPA proposed to approve the
following rules into the Clark portion of the Nevada SIP.
Table 1--Submitted NSR Rules
----------------------------------------------------------------------------------------------------------------
Section No. Section title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
0........................................ Definitions.......................... 3/18/14 4/1/14
12.0..................................... Applicability, General Requirements 3/18/14 4/1/14
and Transition Procedures.
12.1..................................... Permit Requirements for Minor Sources 3/18/14 4/1/14
12.2..................................... Permit Requirements for Major Sources 3/18/14 4/1/14
in Attainment Areas (Prevention of
Significant Deterioration).
12.3..................................... Permit Requirements for Major Sources 3/18/14 4/1/14
in Nonattainment Areas.
12.4..................................... Authority to Construct Application 3/18/14 4/1/14
and Permit Requirements for Part 70
Sources.
12.7 (Subsection 12.7.5)................. Emission Reduction Credits........... 5/18/10 4/1/14
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
address deficiencies identified in a previous action (77 FR 64039,
October 18, 2012), and complied with the relevant CAA requirements. On
July 23, 2014, we simultaneously proposed to remove several outdated
regulations from the SIP as listed below.
Table 2--Rules Requested To Rescind
------------------------------------------------------------------------
Section No. Section title Repealed Submitted
------------------------------------------------------------------------
1................ Definitions.......... 3/18/14 4/01/14
11............... Ambient Air Quality 4/05/11 4/01/14
Standards.
24............... Sampling and Testing-- 3/16/10 4/01/14
Records and Reports.
------------------------------------------------------------------------
We have reconsidered our proposed rescission of all of the
remaining defined terms in section 1 (``Definitions'') and are taking
final action to rescind all of them with the exception of certain
defined terms that are necessary to retain because they are relied upon
in certain Clark County rules in the existing SIP. The terms in section
1 for which we are deferring final rescission action at this time, and
the corresponding Clark County SIP rule that relies on the term, are as
follows: ``affected facility'' (SIP section 23), ``dust'' (SIP section
27), ``existing gasoline station'' (SIP section 52), ``fumes'' (SIP
section 27), ``mist'' (SIP section 1 definition of ``uncombined
water''), ``new gasoline station'' (SIP section 52), ``new source''
(SIP section 26), ``single source'' (SIP section 26), ``standard
conditions'' (SIP section 30), and ``uncombined water'' (SIP section
26).
Our proposed action and the associated Technical Support Document
(TSD) contains more information on the
[[Page 62351]]
basis for this rulemaking and on our evaluation of the submitted rules
and rule rescissions.
II. Public Comments and EPA Responses
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, EPA is fully approving these rules and rule
rescissions \1\ as revisions to the Clark County portion of the Nevada
SIP.
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\1\ As noted above, we are deferring final rescission action on
``affected facility'', ``dust'', ``existing gasoline station'',
``fumes'', ``mist'', ``new gasoline station'', ``new source'',
``single source'', ``standard conditions'', and ``uncombined
water''.
---------------------------------------------------------------------------
IV. 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, 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, in part, and does not impose additional requirements
beyond those imposed by State law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this final rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to 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.
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 December 16, 2014. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 29, 2014.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Therefore, 40 CFR Chapter I 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 in paragraph (c), Table 3 is amended by:
0
a. Revising the entries for ``Section 0,'' ``Section 12.0,'' ``Section
12.1,'' ``Section 12.2,'' ``Section 12.3,'' and ``Section 12.4'';
0
b. Adding an entry for ``Section 12.7: Subsection 12.7.5'' after the
entry for ``Section 12.4''; and
0
c. Removing the entries for ``Section 1 (``Definitions''): Subsection
1.6'', ``Section 1 (``Definitions''): Subsection 1.11'', ``Section 1
(``Definitions''): Subsection 1.12'', ``Section 1 (``Definitions''):
Subsection 1.16'', ``Section 1 (``Definitions''): Subsection 1.23'',
``Section 1 (``Definitions''): Subsection 1.28'', ``Section 1
(``Definitions''): Subsection 1.30'', ``Section 1 (``Definitions''):
Subsection 1.40'', ``Section 1 (``Definitions''): Subsection 1.41'',
``Section 1 (``Definitions''): Subsection 1.44'', ``Section 1
(``Definitions''): Subsection 1.60'', ``Section 1 (``Definitions''):
Subsection 1.70'', ``Section 1 (``Definitions''): Subsection 1.83'',
``Section 1 (``Definitions''): Subsection 1.84'', ``Section 1
(``Definitions''): Subsection 1.87'', ``Section 1 (``Definitions''):
Subsection 1.91'', ``Section 1 (``Definitions''): Subsection 1.97'',
``Section 11'', and ``Section 24: Subsections 24.1-24.5.''
The revised and added text reads as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
[[Page 62352]]
Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
County
County citation Title/Subject effective EPA approval date Additional explanation
date
----------------------------------------------------------------------------------------------------------------
Section 0....................... Definitions........ 4/1/14 [Insert Federal Amended by Clark County
Register Board of County
citation], 10/17/ Commissioners on March
14. 18, 2014 through
Ordinance No. 4189.
Submitted by NDEP on 4/
1/14.
* * * * * * *
Section 12.0.................... Applicability, 4/1/14 [Insert Federal Amended by Clark County
General Register Board of County
Requirements and citation], 10/17/ Commissioners on March
Transition 14. 18, 2014 through
Procedures. Ordinance No. 4189.
Submitted by NDEP on 4/
1/14.
Section 12.1.................... Permit Requirements 4/1/14 [Insert Federal Amended by Clark County
for Minor Sources. Register Board of County
citation], 10/17/ Commissioners on March
14. 18, 2014 through
Ordinance No. 4189.
Submitted by NDEP on 4/
1/14.
Section 12.2.................... Permit Requirements 4/1/14 [Insert Federal Amended by Clark County
for Major Sources Register Board of County
in Attainment citation], 10/17/ Commissioners on March
Areas (Prevention 14. 18, 2014 through
of Significant Ordinance No. 4189.
Deterioration). Submitted by NDEP on 4/
1/14.
Section 12.3.................... Permit Requirements 4/1/14 [Insert Federal Amended by Clark County
for Major Sources Register Board of County
in Nonattainment citation], 10/17/ Commissioners on March
Areas. 14. 18, 2014 through
Ordinance No. 4189.
Submitted by NDEP on 4/
1/14.
Section 12.4.................... Authority to 4/1/14 [Insert Federal Amended by Clark County
Construct Register Board of County
Application and citation], 10/17/ Commissioners on March
Permit 14. 18, 2014 through
Requirements For Ordinance No. 4189.
Part 70 Sources. Submitted by NDEP on 4/
1/14.
Section 12.7: Subsection 12.7.5. Emission Reduction 7/1/10 [Insert Federal The heading for
Credits. Register subsection 12.7.5 is
citation], 10/17/ ``Criteria for
14. Granting ERCs.''
Adopted by Clark
County Board of County
Commissioners on May
18, 2010 through
Ordinance No. 3864.
Submitted by NDEP on 4/
1/14.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-24510 Filed 10-16-14; 8:45 am]
BILLING CODE 6560-50-P
