Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Stationary Source Permits, 62846-62852 [2014-24762]
Download as PDF
<![CDATA[
62846
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
and address the comment in the
proposed rulemaking. 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.
Dated: September 24, 2014.
Karl Brooks,
Regional Administrator, Region 7.
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
under ‘‘Chapter 6—Air Quality
Standards, Definitions, Sampling and
Reference Methods, and Air Pollution
Control Regulations for the State of
Missouri’’ for ‘‘10–6.400’’ to read as
follows:
■
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as set
forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1320
1. The authority citation for part 52
continues to read as follows:
■
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State
effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
*
10–6.400 .......
*
*
Restrictions of Emission of Particulate Matter
from Industrial Processes.
*
*
*
*
*
*
*
*
[FR Doc. 2014–24760 Filed 10–20–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0711; FRL–9917–81–
Region 9]
Approval and Promulgation of
Implementation Plans; Revisions to the
Nevada State Implementation Plan;
Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
applicable state implementation plan for
the State of Nevada submitted by the
Nevada Division of Environmental
Protection. The revisions include
amended State rules related to
applications for, and issuance of,
permits for stationary sources, but not
including review and permitting of
major sources and major modifications
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:03 Oct 20, 2014
*
06/27/13
Jkt 235001
*
*
10/21/14 [Insert Federal Register citation].
*
*
under parts C and D of title I of the
Clean Air Act. EPA is taking action
under the Clean Air Act obligation to
take action on State submittals of
revisions to state implementation plans.
The intended effect of the approval is to
fix deficiencies in the previouslyapproved version of the permitting rules
and to ensure that new or modified
stationary sources do not interfere with
attainment or maintenance of the
national ambient air quality standards.
DATES: This rule is effective on
December 22, 2014 without further
notice, unless EPA receives adverse
comments by November 20, 2014. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2014–0711, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: R9airpermits@epa.gov.
3. Mail or deliver: Laura Yannayon
(AIR–3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
*
*
*
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
E:\FR\FM\21OCR1.SGM
21OCR1
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
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:
Laura Yannayon, EPA Region IX, 75
Hawthorne Street (AIR–3), San
Francisco, CA 94105, phone number
(415) 972–3534 or by email at
yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittals
A. Which rules did the state submit?
B. What is the regulatory context?
C. What is the purpose of this direct final
rule?
II. EPA’s Evaluation
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
III. Public Comment and Final Action
IV. Statutory and Executive Order Reviews
I. The State’s Submittals
A. Which rules did the State submit?
On January 3, 2014, the Nevada
Division of Environmental Protection
(NDEP) submitted a revision to the
Nevada State Implementation Plan (SIP)
to EPA for approval under section
110(k) of the Clean Air Act (CAA or
‘‘Act’’). NDEP’s submittal includes
certain amended State rules [i.e., certain
sections of Nevada Administrative Code
(NAC)] that relate to applications for,
and issuance of, permits for stationary
sources [a process referred to herein as
‘‘New Source Review’’ (NSR)].1 The
specific amended rules submitted on
January 3, 2014 are NAC sections
445B.22097 (‘‘Standards of quality for
ambient air’’) and 445B.308
(‘‘Prerequisites and conditions for
issuance of certain operating permits;
compliance with applicable state
implementation plan’’).2 In addition to
the amended rules, NDEP’s January 3,
2014 submittal contains evidence of
public notice and adoption of the
amendments to the rules by the Nevada
State Environmental Commission (SEC)
on December 4, 2013, and a copy of the
filing by the Legislative Counsel Bureau
of the amended rules with the Nevada
Secretary of State on December 23, 2013
making the amendments effective on
that date.
On June 5, 2014, NDEP submitted a
second SIP revision including further
amendments to NAC section
445B.22097 (‘‘Standards of quality for
ambient air’’) and amendments to NAC
section 445B.311 (‘‘Environmental
evaluation: Contents; consideration of
good engineering practice stack
62847
height’’). We consider the June 5, 2014
submittal of NAC section 445B.22097 as
superseding the submittal of that rule on
January 3, 2014. NDEP’s June 5, 2014
submittal includes a technical support
document in which NDEP provides its
explanation for how the amended rules
meet CAA requirements. NDEP’s June 5,
2014 submittal also contains evidence of
public notice and adoption of the
amendments to the rules by the Nevada
SEC on May 2, 2014. On July 15, 2014,
NDEP provided documentation that the
most recent amendments to NAC
sections 445B.22097 and 445B.311 were
filed by the Legislative Counsel Bureau
with the Nevada Secretary of State on
June 23, 2014 and are thus in effect as
of that date.
Table 1 below lists the rules that were
submitted by NDEP on January 3, 2014
and June 5, 2014 and on which EPA is
taking action today. The three submitted
rules represent updated versions of
rules already approved into the Nevada
SIP. We last approved NAC section
445B.22097 at 71 FR 15040 (March 27,
2006), and last approved NAC sections
445B.308 and 445B.311 at 77 FR 59321
(September 27, 2012). Upon the
effective date of today’s final action, the
versions of the rules that we previously
approved will be superseded in the
applicable SIP by the versions of the
rules approved today.
TABLE 1—NSR RULES SUBMITTED BY NDEP
Amended
date
Submitted rule
Title
NAC 445B.22097 .......................
NAC 445B.308 ...........................
Standards of quality for ambient air .......................................................................
Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan.
Environmental evaluation: Contents; consideration of good engineering practice
stack height.
NAC 445B.311 ...........................
asabaliauskas on DSK5VPTVN1PROD with RULES
B. What is the regulatory context?
Under sections 107 and 109 of the
CAA, the EPA establishes national
ambient air quality standards (NAAQS
or standards) and designates all areas of
the country as attainment,
nonattainment, or unclassifiable for the
various NAAQS. To date, EPA has
established NAAQS for such pervasive
pollutants as ozone, carbon monoxide,
nitrogen dioxide (NO2), sulfur dioxide
(SO2), particulate matter, and lead (Pb).
1 We note that the stationary source permitting
rules that are the subject of this rule are not related
to the requirements for pre-construction review and
permitting of major sources or major modifications
under part C (‘‘Prevention of Significant
VerDate Sep<11>2014
16:03 Oct 20, 2014
Jkt 235001
Submittal
date
05/02/14
12/04/13
06/05/14
01/03/14
05/02/14
06/05/14
With respect to particulate matter, EPA
has established NAAQS for particulate
matter with an aerodynamic diameter
generally less than or equal to 10
microns (PM10) and for particulate
matter with an aerodynamic diameter
generally less than or equal to 2.5
microns (PM2.5). Under section 110 of
the CAA, each state is required to
develop a state implementation plan
(SIP) to implement, maintain, and
enforce the NAAQS.
Among the content requirements for
SIPs is the requirement to develop and
submit (for EPA approval) a program to
provide for the regulation of the
modification and construction of any
stationary source as necessary to assure
that the NAAQS are achieved, including
a permit program as required in parts C
and D of title I of the CAA. See CAA
section 110(a)(2)(C). The permit
programs required under parts C and D
of title I of the CAA are referred to as
Deterioration of air quality’’) or part D (‘‘Plan
requirements for nonattainment areas’’) of title I of
the Clean Air Act.
2 By letter dated January 28, 2014, NDEP
withdrew amended versions of NAC sections
445B.308 and 445B.311 that had been submitted on
January 3, 2014 from EPA consideration as
revisions to the Nevada SIP, but, by letter dated
September 17, 2014, NDEP reinstated the January 3,
2014 submittal of NAC 445B.308.
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
E:\FR\FM\21OCR1.SGM
21OCR1
62848
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
the Prevention of Significant
Deterioration (PSD) permit program and
the Nonattainment New Source Review
(NNSR) permit program, respectively.
Collectively, the PSD and NNSR
programs constitute a state’s ‘‘major
source’’ permit program, under which
applications for construction and
operation of new major stationary
sources and major modifications of such
sources are reviewed for compliance
with the PSD and NNSR requirements.
New or modified stationary sources that
are not major sources or major
modifications are referred to as minor
sources (or minor modifications), and
the program for review of the
applications for construction and
operation of such sources is referred to
as the minor source permit program or
‘‘minor NSR.’’ Today’s action relates to
three rules promulgated by the Nevada
SEC as part of the State of Nevada’s
minor NSR program, which is
administered by NDEP. NDEP’s
stationary source jurisdiction extends
statewide with respect to power plants
which generate electricity by using
steam produced by the burning of fossil
fuel, but does not include Clark or
Washoe counties with respect to all
other stationary sources.
Over the years, the State of Nevada
has adopted and implemented, and EPA
has approved, rules governing minor
NSR. Our most recent action on
Nevada’s minor source NSR rules was
published on September 27, 2012 (77 FR
59321). In the September 27, 2012 final
rule, we issued a limited approval and
limited disapproval of a comprehensive
update to the State’s minor source NSR
rules. We did so because, although we
found that the new or amended rules
met most of the applicable requirements
for such NSR programs and that the
rules improved the existing SIP, we also
found certain deficiencies that
prevented full approval. Specifically,
we indicated that the minor NSR rules
did not address the new or revised
NAAQS for PM2.5 and Pb and must be
revised accordingly.3 In addition, we
recognized that EPA had recently
established new or revised NAAQS for
NO2 and SO2,4 and while the State still
asabaliauskas on DSK5VPTVN1PROD with RULES
3 In
1997 (62 FR 38652, July 18, 1997), EPA first
established annual and 24-hour PM2.5 NAAQS of 15
micrograms per cubic meter (mg/m3) and 65 mg/m3,
respectively. In 2006 (71 FR 61144, October 17,
2006), EPA lowered the 24-hour PM2.5 NAAQS to
35 mg/m3. For simplicity, we refer herein to the
1997 annual PM2.5 and 2006 24-hour PM2.5 NAAQS
collectively as the ‘‘2006 PM2.5 NAAQS.’’ In 2008
(73 FR 66964, November 12, 2008), EPA lowered
the Pb NAAQS to 0.15 mg/m3, rolling 3-month
average (referred to herein as the ‘‘2008 Pb
NAAQS’’).
4 In 2010 (75 FR 6474, February 9, 2010), EPA
established a one-hour NO2 NAAQS of 100 parts
VerDate Sep<11>2014
16:03 Oct 20, 2014
Jkt 235001
had additional time to amend its NSR
rules to address the revised NAAQS for
these pollutants, we encouraged the
Nevada SEC to make any necessary
revisions to the State’s NSR rules to
address the revised NAAQS for those
two pollutants as well, and the NDEP to
submit the NSR rules, as revised, to us
as a SIP revision.
C. What is the purpose of this direct
final rule?
The Nevada SEC amended NAC
section 445B.308 to eliminate an
outdated provision and to renumber the
paragraphs in the rule accordingly. The
Nevada SEC amended NAC sections
445B.22097 and 445B.311 to ensure that
the new or revised NAAQS for PM2.5,
Pb, NO2 and SO2 are taken into account
in minor NSR permitting decisions. The
Nevada SEC also updated NAC section
445B.22097 to reflect the most recent
ozone NAAQS.5 The purpose of this
direct final rule is to present our
evaluation under the CAA and EPA’s
regulations of the amended NSR rules
submitted by NDEP on January 3, 2014
and June 5, 2014.
II. EPA’s Evaluation
A. How is EPA evaluating the rules?
EPA has reviewed the rules submitted
on January 3, 2014 and June 5, 2014 for
compliance with the CAA requirements
for SIPs in general set forth in CAA
section 110(a)(2), for compliance with
applicable EPA regulations for
stationary source permitting programs
in 40 CFR part 51, sections 51.160
through 51.164, and also for compliance
with CAA requirements for SIP
revisions in CAA section 110(l).6 As
described below, EPA has found that the
amended rules meet all applicable
requirements and is thus taking direct
final action to approve them as revisions
to the Nevada SIP.
B. Do the rules meet the evaluation
criteria?
As to procedural requirements for
SIPs and SIP revisions, we find that,
per billion (ppb), which is equivalent to 188 mg/m3
(referred to herein as the ‘‘2010 NO2 NAAQS’’).
Also in 2010 (75 FR 35520, June 22, 2010), EPA
established a one-hour SO2 NAAQS of 75 ppb,
which is equivalent to 196 mg/m3 (referred to herein
as the ‘‘2010 SO2 NAAQS’’).
5 In 2008 (73 FR 16436, March 27, 2008), EPA
lowered the 8-hour ozone NAAQS to 0.075 parts
per million (ppm) (referred to herein as the ‘‘2008
ozone NAAQS’’).
6 CAA section 110(l) requires SIP revisions to be
subject to reasonable notice and public hearing
prior to adoption and submittal by States to EPA
and prohibits EPA from approving any SIP revision
that would interfere with any applicable
requirement concerning attainment and reasonable
further progress, or any other applicable
requirement of the CAA.
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
based on our review of the public
participation documentation included
in the January 3, 2014 and June 5, 2014
submittals, NDEP has provided
sufficient evidence of public notice and
opportunity for comment and hearing
prior the adoption and submittal to EPA
of the rules that are the subject of
today’s action.
As to the substantive requirements,
we start with the amendments to NAC
section 445B.308, which include
deletion of a paragraph that had not
been submitted as part of the Nevada
SIP but had established NSR
requirements for applicants for permits
for certain new sources or modifications
proposed to be located in ‘‘basic’’ ozone
nonattainment areas. The deletion of
NSR requirements for sources or
modifications in ‘‘basic’’ ozone
nonattainment areas is acceptable
because there are no such areas in the
State of Nevada, and given court
precedent,7 there will not likely be any
such areas in Nevada in the future, and
thus the provisions that have been
deleted from NAC 445B.308 are not
necessary to meet CAA requirements.
Second, we have considered the
amendments to NAC sections
445B.22097 and 445B.311 in relation to
40 CFR 51.160(a), which requires, in
connection with NSR, each SIP to set
forth legally enforceable procedures that
enable the State to determine whether
the construction or modification of a
stationary source will result in, among
other impacts, interference with
attainment or maintenance of the
NAAQS. EPA regulations also require
SIPs to include enforceable procedures
under which the State agency
responsible for final decision-making on
NSR permits will prevent such
construction or modification if it will
interfere with attainment or
maintenance of the NAAQS. See 40 CFR
51.160(b).
To address these requirements for
minor stationary sources in the Nevada
SIP, NAC sections 445B.310 and
445B.311 require permit applicants to
prepare environmental evaluations that
contain dispersion analyses showing the
effect of the source on the quality of the
7 In South Coast Air Quality Management Dist. v.
EPA, 472 F.3d 882 (D.C. Cir. 2006) re’g denied 489
F.3d 1245 (clarifying that the vacatur was limited
to the issues on which the court granted the
petitions for review), the D.C. Circuit Court of
Appeals vacated EPA’s classification of certain
nonattainment areas for the 1997 8-hour ozone
NAAQS solely under subpart 1 of part D of title I
of the CAA. In this context, subpart 1 areas refer
to ‘‘basic’’ ozone nonattainment areas. Since the
South Coast decision, EPA has replaced the subpart
1 (i.e., ‘‘basic’’) ozone classifications for the 1997
ozone NAAQS with subpart 2 classifications (e.g.,
‘‘marginal,’’ moderate,’’ or ‘‘serious’’). See 77 FR
28424 (May 14, 2012).
E:\FR\FM\21OCR1.SGM
21OCR1
asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
ambient air, and NAC section 445B.308
prohibits the issuance of a permit or
revision for any stationary source if the
Environmental Evaluation shows, or
NDEP determines, that the stationary
source will prevent the attainment and
maintenance of the state or national
ambient air quality standards, as
established in NAC 445B.22097. Permit
applicants are required to prepare and
submit Environmental Evaluations for
any new stationary source which emits,
or has the potential to emit, greater than
25 tons per year (tpy) of a regulated air
pollutant; and, with respect to
modifications, the existing stationary
source has the potential to emit greater
than 25 tpy of a regulated air pollutant,
and the proposed modification has the
potential to emit greater than 10 tpy of
a regulated air pollutant. See NAC
section 445B.310.
NAC section 445B.22097 in turn lists
the NAAQS and the Nevada ambient air
quality standards (‘‘Nevada standards’’).
With respect to the NAAQS, in our
proposed rulemaking on the previous
version of the minor NSR rules, 77 FR
38557, at 38563 (June 28, 2012), we
noted that NAC section 445B.22097 had
not been updated since 1991 and thus
did not include the new, revised, or
revoked NAAQS since that time.
Moreover, we noted that NAC section
445B.22097 includes a note that states:
‘‘The Director shall use the Nevada
standards in considering whether to
issue a permit for a stationary source
and shall ensure that the stationary
source will not cause the Nevada
standards to be exceeded in areas where
the general public has access.’’ The
Nevada standards were equal to the
NAAQS (i.e., as of 1991) for those
pollutants for which both Nevada and
EPA have established ambient
standards, but, because the Nevada
standards did not reflect the changes in
the NAAQS since 1991, reliance on
them for permitting purposes did not
ensure protection of the new or revised
NAAQS established since then, such as
the 2006 PM2.5 NAAQS and the 2008 Pb
NAAQS, as NDEP reviews permit
applications for new or modified minor
stationary sources.
Thus, in our September 27, 2012 final
rule, we concluded that the NSR rules
must be revised to ensure protection of
the 2006 PM2.5 and the 2008 Pb NAAQS.
See 77 FR 59321, at 59325 (September
27, 2012). We also encouraged the
Nevada SEC to update NAC section
445B.22097 to take into account the
replacement of the 1-hour ozone
NAAQS (0.12 ppm) with the 2008 ozone
NAAQS, although we did not consider
the failure to update the rule for ozone
as a significant deficiency because,
VerDate Sep<11>2014
16:03 Oct 20, 2014
Jkt 235001
given the regional nature of ambient
ozone concentrations, applicants for
permits for new or modified minor
stationary sources are typically not
required to show, through dispersion
modeling techniques, that the ozone
precursor emissions from the source or
modification would not violate the
standard. See 77 FR 38557, at 38563
(June 28, 2012).
In response, the Nevada SEC updated
the NAAQS and Nevada standards in
NAC section 445B.22097 through
amendments adopted on December 4,
2013 and May 2, 2014, to reflect the
2006 PM2.5 NAAQS, the 2008 ozone
NAAQS, and the 2008 Pb NAAQS.8 As
such, applicants of new stationary
sources with potentials to emit more
than 25 tpy of PM2.5, or modifications of
such sources with potential to emit
more than 10 tpy of PM2.5, must perform
dispersion modeling to show the impact
of the source or modification on
ambient PM2.5 concentrations.
In its June 5, 2014 SIP revision
submittal, NDEP included a technical
support document that provides an
explanation of how the 25 tpy modeling
threshold (10 tpy for modifications), as
opposed to a lower threshold, ensure
that new or modified sources do not
interfere with attainment or
maintenance of the PM2.5 NAAQS. First,
after noting that the entire State of
Nevada is ‘‘attainment/unclassifiable’’
for the PM2.5 NAAQS, NDEP describes
the 25 tpy modeling threshold as
protective of the NAAQS in that it has
been set at one-quarter of the 100 tpy
PSD major source threshold that applies
to certain categories of sources (250 tpy
is the major source threshold for other
sources). In this regard, NDEP also notes
that the modeling threshold for
modifications (i.e., for sources with
potentials to emit greater than 25 tpy) is
10 tpy, the same as EPA’s PSD
significant emission rate for PM2.5 (see
40 CFR 51.166(b)(23)), which is
presumed to be protective of the
NAAQS. Second, NDEP provides a
technical evaluation showing how three
types of high-emitting stationary
combustion sources (deemed ‘‘worstcase’’) would either trigger PSD
permitting due to emissions of other
criteria pollutants before reaching the 25
tpy PM2.5 modeling threshold or would
result (when emitting at 25 tpy) in
concentrations that, together with
background levels, would be well below
8 On December 14, 2012, the EPA Administrator
signed a final rule that lowered the annual PM2.5
NAAQS to 12.0 mg/m3 (referred to herein as the
‘‘2012 PM2.5 NAAQS’’). See 78 FR 3086 (January 15,
2013). Submittals by states of SIP revisions to
address the 2012 PM2.5 NAAQS, including revisions
related to minor NSR, are not due until 2016.
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
62849
the PM2.5 NAAQS.9 Third, NDEP
documents the minor overall
contribution of minor stationary sources
(about 3% based on the 2011 NEI data)
to the PM2.5 emissions inventory for the
State of Nevada.
We have reviewed the technical
support document submitted with the
June 5, 2014 SIP revision and agree with
NDEP that the 25 tpy modeling
threshold for PM2.5 (and 10 tpy for
modifications) is protective of the PM2.5
NAAQS. In particular, we find the 25
tpy modeling threshold (10 tpy for
modifications) sufficiently protective of
the PM2.5 NAAQS given the modeling
results presented by NDEP, the low
PM2.5 background concentrations, and
the ‘‘unclassifiable/attainment’’
designation for the entire State of
Nevada for the PM2.5 NAAQS (see 40
CFR 81.329). We conclude that
implementation of the 25 tpy modeling
threshold (10 tpy for modifications) will
provide NDEP with sufficient
information to determine whether new
minor sources or minor modifications
will interfere with attainment or
maintenance of the PM2.5 NAAQS and
will thus allow NDEP to prevent the
construction of such sources or
modifications if the modeling analysis
indicates that such interference would
occur.10
The same holds true with respect to
the new or modified sources of Pb and
the 2008 Pb NAAQS, but for other
reasons. With respect to Pb, the 25 tpy
modeling threshold is significantly
above the PSD significant emission rate
of 0.6 tpy, but, unlike PM2.5, oxides of
nitrogen (NOX), and SO2, Pb is not a
typical product of combustion given the
removal or minimization of Pb in nearly
all fuels, with the exception of aviation
gasoline used in piston-powered
aircraft. Thus, there are few remaining
stationary sources of Pb, and of those
that remain, such as lead smelters and
battery recycling, Pb emissions are
likely to exceed 25 tpy and thus would
9 See the industrial boiler combusting residual oil
and the reciprocating internal combustion engine
(ICE) combusting natural gas scenarios for the first
type of result, and the wood-fired boiler scenario for
the second type of result, in NDEP’s ‘‘Technical
Support Document for Nevada State
Implementation Plan Revisions Addressing Minor
Source Permitting Program.’’
10 We also note that Nevada law not only
establishes the modeling threshold above which
permit applicants of new sources or modifications
must perform dispersion modeling but also
provides NDEP with the authority to require
applicants to submit ‘‘any other information the
Director determines is necessary to make an
independent air quality impact assessment.’’ NAC
445B.308(1). Such ‘‘other information’’ may include
dispersion modeling beyond that otherwise
required if necessary to determine whether a new
source or modification would interfere with
attainment or maintenance of the NAAQS.
E:\FR\FM\21OCR1.SGM
21OCR1
62850
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
be subject to dispersion modeling to
determine whether the source would
interfere with attainment or
maintenance of the 2008 Pb NAAQS.
Lastly, in our September 27, 2014
final rule, we noted that the deadline for
submittal of NSR SIP revisions
addressing the 2010 NO2 NAAQS and
2010 SO2 NAAQS had not yet passed,
but we encouraged the Nevada SEC to
adopt and submit revised NSR rules to
address these new NAAQS in a timely
manner. To address these new NAAQS,
the Nevada SEC adopted revisions to
NAC 445B.22097 to update the NAAQS
and Nevada standards listed in that rule
to reflect the 2010 NO2 and 2010 SO2
NAAQS. Doing so has the effect of
requiring applicants for sources or
modifications with potentials to emit
above certain levels to perform
dispersion modeling to inform NDEP’s
determination of whether such sources
or modifications would interfere with
these new NAAQS. For the purposes of
dispersion analyses for the 2010 NO2
and 2010 SO2 NAAQS, the Nevada SEC
revised NAC 445B.311 to specify
modeling thresholds of 40 tpy for both
new sources and modifications. The 40
tpy is equivalent to the PSD significant
emission rates for NOX and SO2, see 40
CFR 51.166(b)(23). Moreover, NDEP’s
technical support document shows that
minor stationary sources contribute less
than 3% and 6% to the State’s total
emissions inventory of NOX and SO2,
respectively, and correctly identifies the
entire State as ‘‘attainment/
unclassifiable’’ for the 2010 NO2
NAAQS.11 In light of the designations
and emissions inventory data, we agree
with NDEP that use of the PSD
significant emission rate is a reasonable
threshold to distinguish sources and
modifications that could potentially
interfere with attainment or
maintenance of the 2010 NO2 or SO2
NAAQS from those with de minimis
effects, and will provide NDEP with
sufficient information to determine
whether new minor sources or minor
modifications would interfere with the
2010 NO2 and 2010 SO2 NAAQS.
In summary, and for the reasons set
forth above, we find that the State of
Nevada has adequately addressed the
previously-identified deficiencies in the
minor source NSR rules and that the
amended NSR rules meet the applicable
11 See 40 CFR 81.329. With respect to the 2010
SO2 NAAQS, the EPA designated as nonattainment
most areas in locations where existing monitoring
data from 2009–2011 indicated violations of the
NAAQS. See 78 FR 47191 (August 5, 2013). No
such areas were designated within the State of
Nevada. EPA has not completed the designation
process for the 2010 SO2 NAAQS for areas other
than those designated on August 5, 2013.
VerDate Sep<11>2014
16:03 Oct 20, 2014
Jkt 235001
requirements for NSR SIPs for all of the
new or revised NAAQS for PM2.5, Pb,
SO2 and NO2, other than the 2012 PM2.5
NAAQS for which NSR SIP revisions
are not yet due.
III. Public Comment and Final Action
Pursuant to CAA section 110(k), and
for the reasons provided above, EPA is
taking direct final action to approve
revisions to certain rules that relate to
applications for, and issuance of,
permits for stationary sources under the
jurisdiction of the NDEP, excluding
review and permitting of major sources
and major modifications under parts C
and D of title I of the CAA. Specifically,
EPA is approving NAC section
445B.308, as amended on December 4,
2013, and NAC sections 445B.22097 and
445B.311, as amended on May 2, 2014,
because we find that the revisions fix
the deficiencies in the previouslyapproved versions of the rules and
adequately provide for new source
review for the new or revised NAAQS
for NO2 and SO2.12
We do not think anyone will object to
this approval, so we are finalizing it
without proposing it in advance.
However, in the Proposed Rules section
of this Federal Register, we are
simultaneously proposing approval of
the same submitted revisions. If we
receive adverse comments by November
20, 2014, we will publish a timely
withdrawal in the Federal Register to
notify the public that the direct final
approval will not take effect and we will
address the comments in a subsequent
final action based on the proposal. If we
do not receive timely adverse
comments, the direct final approval will
be effective without further notice on
December 22, 2014. This will
incorporate the amended rules into the
federally enforceable 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 rules as meeting Federal
requirements and does not impose
12 Upon the effective date of today’s final action,
the versions of the rules that we are approving
today will supersede NAC section 445B.22097, as
approved at 71 FR 15040 (March 27, 2006), and
NAC sections 445B.308 and 445B.311, as approved
at 77 FR 59321 (September 27, 2012) in the
applicable SIP.
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
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 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 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 action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
E:\FR\FM\21OCR1.SGM
21OCR1
62851
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
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 22,
2014. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the Proposed Rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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,
Lead, Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 29, 2014.
Alexis Strauss,
Acting Regional Administrator, Region IX.
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. Section 52.1470 in paragraph (c),
Table 1 is amended by revising the
entries for ‘‘445B.22097,’’ ‘‘445B.308,
excluding paragraph (2)(d) and
subsections (4), (5), and (10),’’ and
‘‘445B.311.’’
The revisions read as follows:
■
§ 52.1470
*
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA-APPROVED NEVADA REGULATIONS AND STATUTES
State
citation
State
effective
date
Title/
subject
EPA
approval
date
Additional
explanation
*
*
*
*
*
*
*
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445, Air Controls, Air
Pollution; Nevada Air Quality Regulations—General Provisions
*
*
445B.22097 ..............................
*
*
Standards of quality for ambient air.
*
*
6/23/14
*
*
[Insert Federal Register citation], 10/21/2014.
*
*
*
*
Adopted Regulation of the
State Environmental Commission, LCB File No.
R145–13. The Nevada SEC
amended NAC 445B.22097
on May 2, 2014, and NDEP
submitted it to EPA on June
5, 2014.
*
*
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution—Operating Permits Generally
asabaliauskas on DSK5VPTVN1PROD with RULES
*
*
445B.308, excluding paragraph
(2)(d) and subsections (4)
and (9).
*
Prerequisites and conditions
for issuance of certain operating permits; compliance
with applicable state implementation plan.
*
*
445B.311 ..................................
*
Environmental evaluation:
Contents; consideration of
good engineering practice
stack height.
VerDate Sep<11>2014
16:03 Oct 20, 2014
Jkt 235001
PO 00000
Frm 00055
*
12/23/13
*
[Insert Federal Register citation], 10/21/2014.
*
*
Adopted Regulation of the
State Environmental Commission, LCB File No.
R042–13. The Nevada SEC
amended NAC 445B.308 on
December 4, 2013, and
NDEP submitted it to EPA
on January 3, 2014.
*
6/23/14
*
[Insert Federal Register citation], 10/21/2014.
*
*
Adopted Regulation of the
State Environmental Commission, LCB File No.
R145–13. The Nevada SEC
amended NAC 445B.311 on
May 2, 2014, and NDEP
submitted it to EPA on June
5, 2014.
Fmt 4700
Sfmt 4700
E:\FR\FM\21OCR1.SGM
21OCR1
62852
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
TABLE 1—EPA-APPROVED NEVADA REGULATIONS AND STATUTES—Continued
State
citation
*
*
*
*
*
*
*
*
[FR Doc. 2014–24762 Filed 10–20–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0300; FRL–9918–15–
Region 7]
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revisions
submitted by the State of Iowa for the
purpose of approving the 2008, 2009,
2011, 2012, and 2013 updates to the
Linn County Air Quality Ordinance.
EPA is approving Iowa’s request to
include revisions to the Linn County Air
Quality Ordinance, Chapter 10, because
the revisions improve the stringency of
the Iowa SIP.
DATES: This direct final rule will be
effective on December 22, 2014, without
further notice, unless EPA receives
adverse comment by November 20,
2014. If EPA receives adverse comment,
we will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2014–0300, by one of the
following methods:
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: Algoe-eakin.amy@epa.gov.
3. Mail or Hand Delivery: Amy AlgoeEakin, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2014–
0300. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
State
effective
date
Title/
subject
16:03 Oct 20, 2014
Jkt 235001
*
EPA
approval
date
*
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 to 4:30 excluding
legal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Amy Algoe-Eakin, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
PO 00000
Frm 00056
Fmt 4700
Additional
explanation
Sfmt 4700
*
*
Boulevard, Lenexa, Kansas 66219, at
913–551–7942, or by email at Algoeeakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is EPA taking?
What is being addressed in this
document?
The Iowa Department of Natural
Resources (IDNR) requests EPA’s
approval of the 2008, 2009, 2010, 2012,
and 2013 revisions to the Linn County
Air Quality Ordinance, Chapter 10, as a
revision to the Iowa SIP. All changes
were adopted by the Linn County Board
of Supervisors for each of the years
addressed with this action. Pursuant to
a request from IDNR 1, EPA is taking
action on the 2008, 2009, 2010, 2013
and 2013 revisions to the Linn County
Air Quality Ordinance to the extent they
are contained in the 2013 version of the
Linn County Air Quality Ordinance. See
the Technical Support Document in the
docket for today’s action for further
information.
The following is a description of the
2008 revisions to the Linn County Air
Quality Ordinance, Chapter 10, which
are subject to this approval action and
consistent with the Federally-approved
state rules:
The following definitions are being
added to the Linn County Air Quality
Ordinance, Chapter 10.2 ‘‘Definitions’’:
ASME, ASTM, Attainment area,
Biodiesel fuel, Btu, Carbonaceous fuel,
Criteria, Department, Diesel fuel, DNR,
Electric furnace, Emission Unit, EPA
conditional method, EPA reference
method, Equipment, Excess air, Excess
emission, Foundry cupola, Gas cleaning
device, Goal, Heating value, IAC,
Initiation of construction, installation or
alteration, Level, New Source
Performance Standards, Nonattainment
area, Number 1 fuel oil/Number 2 fuel
oil, Objective, Plan documents, PM10,
1 See letter from Catharine Fitzsimmons, Chief of
the Air Quality Bureau of IDNR to Karl Brooks,
Regional Administrator of EPA Region 7, dated
August 15, 2014, available in the Docket for today’s
action.
E:\FR\FM\21OCR1.SGM
21OCR1
]]>Agencies
[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62846-62852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24762]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0711; FRL-9917-81-Region 9]
Approval and Promulgation of Implementation Plans; Revisions to
the Nevada State Implementation Plan; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the applicable state
implementation plan for the State of Nevada submitted by the Nevada
Division of Environmental Protection. The revisions include amended
State rules related to applications for, and issuance of, permits for
stationary sources, but not including review and permitting of major
sources and major modifications under parts C and D of title I of the
Clean Air Act. EPA is taking action under the Clean Air Act obligation
to take action on State submittals of revisions to state implementation
plans. The intended effect of the approval is to fix deficiencies in
the previously-approved version of the permitting rules and to ensure
that new or modified stationary sources do not interfere with
attainment or maintenance of the national ambient air quality
standards.
DATES: This rule is effective on December 22, 2014 without further
notice, unless EPA receives adverse comments by November 20, 2014. If
we receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0711, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: R9airpermits@epa.gov.
3. Mail or deliver: Laura Yannayon (AIR-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy
[[Page 62847]]
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: Laura Yannayon, EPA Region IX, 75
Hawthorne Street (AIR-3), San Francisco, CA 94105, phone number (415)
972-3534 or by email at yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittals
A. Which rules did the state submit?
B. What is the regulatory context?
C. What is the purpose of this direct final rule?
II. EPA's Evaluation
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
III. Public Comment and Final Action
IV. Statutory and Executive Order Reviews
I. The State's Submittals
A. Which rules did the State submit?
On January 3, 2014, the Nevada Division of Environmental Protection
(NDEP) submitted a revision to the Nevada State Implementation Plan
(SIP) to EPA for approval under section 110(k) of the Clean Air Act
(CAA or ``Act''). NDEP's submittal includes certain amended State rules
[i.e., certain sections of Nevada Administrative Code (NAC)] that
relate to applications for, and issuance of, permits for stationary
sources [a process referred to herein as ``New Source Review''
(NSR)].\1\ The specific amended rules submitted on January 3, 2014 are
NAC sections 445B.22097 (``Standards of quality for ambient air'') and
445B.308 (``Prerequisites and conditions for issuance of certain
operating permits; compliance with applicable state implementation
plan'').\2\ In addition to the amended rules, NDEP's January 3, 2014
submittal contains evidence of public notice and adoption of the
amendments to the rules by the Nevada State Environmental Commission
(SEC) on December 4, 2013, and a copy of the filing by the Legislative
Counsel Bureau of the amended rules with the Nevada Secretary of State
on December 23, 2013 making the amendments effective on that date.
---------------------------------------------------------------------------
\1\ We note that the stationary source permitting rules that are
the subject of this rule are not related to the requirements for
pre-construction review and permitting of major sources or major
modifications under part C (``Prevention of Significant
Deterioration of air quality'') or part D (``Plan requirements for
nonattainment areas'') of title I of the Clean Air Act.
\2\ By letter dated January 28, 2014, NDEP withdrew amended
versions of NAC sections 445B.308 and 445B.311 that had been
submitted on January 3, 2014 from EPA consideration as revisions to
the Nevada SIP, but, by letter dated September 17, 2014, NDEP
reinstated the January 3, 2014 submittal of NAC 445B.308.
---------------------------------------------------------------------------
On June 5, 2014, NDEP submitted a second SIP revision including
further amendments to NAC section 445B.22097 (``Standards of quality
for ambient air'') and amendments to NAC section 445B.311
(``Environmental evaluation: Contents; consideration of good
engineering practice stack height''). We consider the June 5, 2014
submittal of NAC section 445B.22097 as superseding the submittal of
that rule on January 3, 2014. NDEP's June 5, 2014 submittal includes a
technical support document in which NDEP provides its explanation for
how the amended rules meet CAA requirements. NDEP's June 5, 2014
submittal also contains evidence of public notice and adoption of the
amendments to the rules by the Nevada SEC on May 2, 2014. On July 15,
2014, NDEP provided documentation that the most recent amendments to
NAC sections 445B.22097 and 445B.311 were filed by the Legislative
Counsel Bureau with the Nevada Secretary of State on June 23, 2014 and
are thus in effect as of that date.
Table 1 below lists the rules that were submitted by NDEP on
January 3, 2014 and June 5, 2014 and on which EPA is taking action
today. The three submitted rules represent updated versions of rules
already approved into the Nevada SIP. We last approved NAC section
445B.22097 at 71 FR 15040 (March 27, 2006), and last approved NAC
sections 445B.308 and 445B.311 at 77 FR 59321 (September 27, 2012).
Upon the effective date of today's final action, the versions of the
rules that we previously approved will be superseded in the applicable
SIP by the versions of the rules approved today.
Table 1--NSR Rules Submitted by NDEP
----------------------------------------------------------------------------------------------------------------
Amended Submittal
Submitted rule Title date date
----------------------------------------------------------------------------------------------------------------
NAC 445B.22097...................... Standards of quality for ambient air............ 05/02/14 06/05/14
NAC 445B.308........................ Prerequisites and conditions for issuance of 12/04/13 01/03/14
certain operating permits; compliance with
applicable state implementation plan.
NAC 445B.311........................ Environmental evaluation: Contents; 05/02/14 06/05/14
consideration of good engineering practice
stack height.
----------------------------------------------------------------------------------------------------------------
B. What is the regulatory context?
Under sections 107 and 109 of the CAA, the EPA establishes national
ambient air quality standards (NAAQS or standards) and designates all
areas of the country as attainment, nonattainment, or unclassifiable
for the various NAAQS. To date, EPA has established NAAQS for such
pervasive pollutants as ozone, carbon monoxide, nitrogen dioxide
(NO2), sulfur dioxide (SO2), particulate matter,
and lead (Pb). With respect to particulate matter, EPA has established
NAAQS for particulate matter with an aerodynamic diameter generally
less than or equal to 10 microns (PM10) and for particulate
matter with an aerodynamic diameter generally less than or equal to 2.5
microns (PM2.5). Under section 110 of the CAA, each state is
required to develop a state implementation plan (SIP) to implement,
maintain, and enforce the NAAQS.
Among the content requirements for SIPs is the requirement to
develop and submit (for EPA approval) a program to provide for the
regulation of the modification and construction of any stationary
source as necessary to assure that the NAAQS are achieved, including a
permit program as required in parts C and D of title I of the CAA. See
CAA section 110(a)(2)(C). The permit programs required under parts C
and D of title I of the CAA are referred to as
[[Page 62848]]
the Prevention of Significant Deterioration (PSD) permit program and
the Nonattainment New Source Review (NNSR) permit program,
respectively. Collectively, the PSD and NNSR programs constitute a
state's ``major source'' permit program, under which applications for
construction and operation of new major stationary sources and major
modifications of such sources are reviewed for compliance with the PSD
and NNSR requirements. New or modified stationary sources that are not
major sources or major modifications are referred to as minor sources
(or minor modifications), and the program for review of the
applications for construction and operation of such sources is referred
to as the minor source permit program or ``minor NSR.'' Today's action
relates to three rules promulgated by the Nevada SEC as part of the
State of Nevada's minor NSR program, which is administered by NDEP.
NDEP's stationary source jurisdiction extends statewide with respect to
power plants which generate electricity by using steam produced by the
burning of fossil fuel, but does not include Clark or Washoe counties
with respect to all other stationary sources.
Over the years, the State of Nevada has adopted and implemented,
and EPA has approved, rules governing minor NSR. Our most recent action
on Nevada's minor source NSR rules was published on September 27, 2012
(77 FR 59321). In the September 27, 2012 final rule, we issued a
limited approval and limited disapproval of a comprehensive update to
the State's minor source NSR rules. We did so because, although we
found that the new or amended rules met most of the applicable
requirements for such NSR programs and that the rules improved the
existing SIP, we also found certain deficiencies that prevented full
approval. Specifically, we indicated that the minor NSR rules did not
address the new or revised NAAQS for PM2.5 and Pb and must
be revised accordingly.\3\ In addition, we recognized that EPA had
recently established new or revised NAAQS for NO2 and
SO2,\4\ and while the State still had additional time to
amend its NSR rules to address the revised NAAQS for these pollutants,
we encouraged the Nevada SEC to make any necessary revisions to the
State's NSR rules to address the revised NAAQS for those two pollutants
as well, and the NDEP to submit the NSR rules, as revised, to us as a
SIP revision.
---------------------------------------------------------------------------
\3\ In 1997 (62 FR 38652, July 18, 1997), EPA first established
annual and 24-hour PM2.5 NAAQS of 15 micrograms per cubic
meter ([micro]g/m\3\) and 65 [micro]g/m\3\, respectively. In 2006
(71 FR 61144, October 17, 2006), EPA lowered the 24-hour
PM2.5 NAAQS to 35 [micro]g/m\3\. For simplicity, we refer
herein to the 1997 annual PM2.5 and 2006 24-hour
PM2.5 NAAQS collectively as the ``2006 PM2.5
NAAQS.'' In 2008 (73 FR 66964, November 12, 2008), EPA lowered the
Pb NAAQS to 0.15 [micro]g/m\3\, rolling 3-month average (referred to
herein as the ``2008 Pb NAAQS'').
\4\ In 2010 (75 FR 6474, February 9, 2010), EPA established a
one-hour NO2 NAAQS of 100 parts per billion (ppb), which
is equivalent to 188 [micro]g/m\3\ (referred to herein as the ``2010
NO2 NAAQS''). Also in 2010 (75 FR 35520, June 22, 2010),
EPA established a one-hour SO2 NAAQS of 75 ppb, which is
equivalent to 196 [micro]g/m\3\ (referred to herein as the ``2010
SO2 NAAQS'').
---------------------------------------------------------------------------
C. What is the purpose of this direct final rule?
The Nevada SEC amended NAC section 445B.308 to eliminate an
outdated provision and to renumber the paragraphs in the rule
accordingly. The Nevada SEC amended NAC sections 445B.22097 and
445B.311 to ensure that the new or revised NAAQS for PM2.5,
Pb, NO2 and SO2 are taken into account in minor
NSR permitting decisions. The Nevada SEC also updated NAC section
445B.22097 to reflect the most recent ozone NAAQS.\5\ The purpose of
this direct final rule is to present our evaluation under the CAA and
EPA's regulations of the amended NSR rules submitted by NDEP on January
3, 2014 and June 5, 2014.
---------------------------------------------------------------------------
\5\ In 2008 (73 FR 16436, March 27, 2008), EPA lowered the 8-
hour ozone NAAQS to 0.075 parts per million (ppm) (referred to
herein as the ``2008 ozone NAAQS'').
---------------------------------------------------------------------------
II. EPA's Evaluation
A. How is EPA evaluating the rules?
EPA has reviewed the rules submitted on January 3, 2014 and June 5,
2014 for compliance with the CAA requirements for SIPs in general set
forth in CAA section 110(a)(2), for compliance with applicable EPA
regulations for stationary source permitting programs in 40 CFR part
51, sections 51.160 through 51.164, and also for compliance with CAA
requirements for SIP revisions in CAA section 110(l).\6\ As described
below, EPA has found that the amended rules meet all applicable
requirements and is thus taking direct final action to approve them as
revisions to the Nevada SIP.
---------------------------------------------------------------------------
\6\ CAA section 110(l) requires SIP revisions to be subject to
reasonable notice and public hearing prior to adoption and submittal
by States to EPA and prohibits EPA from approving any SIP revision
that would interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA.
---------------------------------------------------------------------------
B. Do the rules meet the evaluation criteria?
As to procedural requirements for SIPs and SIP revisions, we find
that, based on our review of the public participation documentation
included in the January 3, 2014 and June 5, 2014 submittals, NDEP has
provided sufficient evidence of public notice and opportunity for
comment and hearing prior the adoption and submittal to EPA of the
rules that are the subject of today's action.
As to the substantive requirements, we start with the amendments to
NAC section 445B.308, which include deletion of a paragraph that had
not been submitted as part of the Nevada SIP but had established NSR
requirements for applicants for permits for certain new sources or
modifications proposed to be located in ``basic'' ozone nonattainment
areas. The deletion of NSR requirements for sources or modifications in
``basic'' ozone nonattainment areas is acceptable because there are no
such areas in the State of Nevada, and given court precedent,\7\ there
will not likely be any such areas in Nevada in the future, and thus the
provisions that have been deleted from NAC 445B.308 are not necessary
to meet CAA requirements.
---------------------------------------------------------------------------
\7\ In South Coast Air Quality Management Dist. v. EPA, 472 F.3d
882 (D.C. Cir. 2006) re'g denied 489 F.3d 1245 (clarifying that the
vacatur was limited to the issues on which the court granted the
petitions for review), the D.C. Circuit Court of Appeals vacated
EPA's classification of certain nonattainment areas for the 1997 8-
hour ozone NAAQS solely under subpart 1 of part D of title I of the
CAA. In this context, subpart 1 areas refer to ``basic'' ozone
nonattainment areas. Since the South Coast decision, EPA has
replaced the subpart 1 (i.e., ``basic'') ozone classifications for
the 1997 ozone NAAQS with subpart 2 classifications (e.g.,
``marginal,'' moderate,'' or ``serious''). See 77 FR 28424 (May 14,
2012).
---------------------------------------------------------------------------
Second, we have considered the amendments to NAC sections
445B.22097 and 445B.311 in relation to 40 CFR 51.160(a), which
requires, in connection with NSR, each SIP to set forth legally
enforceable procedures that enable the State to determine whether the
construction or modification of a stationary source will result in,
among other impacts, interference with attainment or maintenance of the
NAAQS. EPA regulations also require SIPs to include enforceable
procedures under which the State agency responsible for final decision-
making on NSR permits will prevent such construction or modification if
it will interfere with attainment or maintenance of the NAAQS. See 40
CFR 51.160(b).
To address these requirements for minor stationary sources in the
Nevada SIP, NAC sections 445B.310 and 445B.311 require permit
applicants to prepare environmental evaluations that contain dispersion
analyses showing the effect of the source on the quality of the
[[Page 62849]]
ambient air, and NAC section 445B.308 prohibits the issuance of a
permit or revision for any stationary source if the Environmental
Evaluation shows, or NDEP determines, that the stationary source will
prevent the attainment and maintenance of the state or national ambient
air quality standards, as established in NAC 445B.22097. Permit
applicants are required to prepare and submit Environmental Evaluations
for any new stationary source which emits, or has the potential to
emit, greater than 25 tons per year (tpy) of a regulated air pollutant;
and, with respect to modifications, the existing stationary source has
the potential to emit greater than 25 tpy of a regulated air pollutant,
and the proposed modification has the potential to emit greater than 10
tpy of a regulated air pollutant. See NAC section 445B.310.
NAC section 445B.22097 in turn lists the NAAQS and the Nevada
ambient air quality standards (``Nevada standards''). With respect to
the NAAQS, in our proposed rulemaking on the previous version of the
minor NSR rules, 77 FR 38557, at 38563 (June 28, 2012), we noted that
NAC section 445B.22097 had not been updated since 1991 and thus did not
include the new, revised, or revoked NAAQS since that time. Moreover,
we noted that NAC section 445B.22097 includes a note that states: ``The
Director shall use the Nevada standards in considering whether to issue
a permit for a stationary source and shall ensure that the stationary
source will not cause the Nevada standards to be exceeded in areas
where the general public has access.'' The Nevada standards were equal
to the NAAQS (i.e., as of 1991) for those pollutants for which both
Nevada and EPA have established ambient standards, but, because the
Nevada standards did not reflect the changes in the NAAQS since 1991,
reliance on them for permitting purposes did not ensure protection of
the new or revised NAAQS established since then, such as the 2006
PM2.5 NAAQS and the 2008 Pb NAAQS, as NDEP reviews permit
applications for new or modified minor stationary sources.
Thus, in our September 27, 2012 final rule, we concluded that the
NSR rules must be revised to ensure protection of the 2006
PM2.5 and the 2008 Pb NAAQS. See 77 FR 59321, at 59325
(September 27, 2012). We also encouraged the Nevada SEC to update NAC
section 445B.22097 to take into account the replacement of the 1-hour
ozone NAAQS (0.12 ppm) with the 2008 ozone NAAQS, although we did not
consider the failure to update the rule for ozone as a significant
deficiency because, given the regional nature of ambient ozone
concentrations, applicants for permits for new or modified minor
stationary sources are typically not required to show, through
dispersion modeling techniques, that the ozone precursor emissions from
the source or modification would not violate the standard. See 77 FR
38557, at 38563 (June 28, 2012).
In response, the Nevada SEC updated the NAAQS and Nevada standards
in NAC section 445B.22097 through amendments adopted on December 4,
2013 and May 2, 2014, to reflect the 2006 PM2.5 NAAQS, the
2008 ozone NAAQS, and the 2008 Pb NAAQS.\8\ As such, applicants of new
stationary sources with potentials to emit more than 25 tpy of
PM2.5, or modifications of such sources with potential to
emit more than 10 tpy of PM2.5, must perform dispersion
modeling to show the impact of the source or modification on ambient
PM2.5 concentrations.
---------------------------------------------------------------------------
\8\ On December 14, 2012, the EPA Administrator signed a final
rule that lowered the annual PM2.5 NAAQS to 12.0
[micro]g/m\3\ (referred to herein as the ``2012 PM2.5
NAAQS''). See 78 FR 3086 (January 15, 2013). Submittals by states of
SIP revisions to address the 2012 PM2.5 NAAQS, including
revisions related to minor NSR, are not due until 2016.
---------------------------------------------------------------------------
In its June 5, 2014 SIP revision submittal, NDEP included a
technical support document that provides an explanation of how the 25
tpy modeling threshold (10 tpy for modifications), as opposed to a
lower threshold, ensure that new or modified sources do not interfere
with attainment or maintenance of the PM2.5 NAAQS. First,
after noting that the entire State of Nevada is ``attainment/
unclassifiable'' for the PM2.5 NAAQS, NDEP describes the 25
tpy modeling threshold as protective of the NAAQS in that it has been
set at one-quarter of the 100 tpy PSD major source threshold that
applies to certain categories of sources (250 tpy is the major source
threshold for other sources). In this regard, NDEP also notes that the
modeling threshold for modifications (i.e., for sources with potentials
to emit greater than 25 tpy) is 10 tpy, the same as EPA's PSD
significant emission rate for PM2.5 (see 40 CFR
51.166(b)(23)), which is presumed to be protective of the NAAQS.
Second, NDEP provides a technical evaluation showing how three types of
high-emitting stationary combustion sources (deemed ``worst-case'')
would either trigger PSD permitting due to emissions of other criteria
pollutants before reaching the 25 tpy PM2.5 modeling
threshold or would result (when emitting at 25 tpy) in concentrations
that, together with background levels, would be well below the
PM2.5 NAAQS.\9\ Third, NDEP documents the minor overall
contribution of minor stationary sources (about 3% based on the 2011
NEI data) to the PM2.5 emissions inventory for the State of
Nevada.
---------------------------------------------------------------------------
\9\ See the industrial boiler combusting residual oil and the
reciprocating internal combustion engine (ICE) combusting natural
gas scenarios for the first type of result, and the wood-fired
boiler scenario for the second type of result, in NDEP's ``Technical
Support Document for Nevada State Implementation Plan Revisions
Addressing Minor Source Permitting Program.''
---------------------------------------------------------------------------
We have reviewed the technical support document submitted with the
June 5, 2014 SIP revision and agree with NDEP that the 25 tpy modeling
threshold for PM2.5 (and 10 tpy for modifications) is
protective of the PM2.5 NAAQS. In particular, we find the 25
tpy modeling threshold (10 tpy for modifications) sufficiently
protective of the PM2.5 NAAQS given the modeling results
presented by NDEP, the low PM2.5 background concentrations,
and the ``unclassifiable/attainment'' designation for the entire State
of Nevada for the PM2.5 NAAQS (see 40 CFR 81.329). We
conclude that implementation of the 25 tpy modeling threshold (10 tpy
for modifications) will provide NDEP with sufficient information to
determine whether new minor sources or minor modifications will
interfere with attainment or maintenance of the PM2.5 NAAQS
and will thus allow NDEP to prevent the construction of such sources or
modifications if the modeling analysis indicates that such interference
would occur.\10\
---------------------------------------------------------------------------
\10\ We also note that Nevada law not only establishes the
modeling threshold above which permit applicants of new sources or
modifications must perform dispersion modeling but also provides
NDEP with the authority to require applicants to submit ``any other
information the Director determines is necessary to make an
independent air quality impact assessment.'' NAC 445B.308(1). Such
``other information'' may include dispersion modeling beyond that
otherwise required if necessary to determine whether a new source or
modification would interfere with attainment or maintenance of the
NAAQS.
---------------------------------------------------------------------------
The same holds true with respect to the new or modified sources of
Pb and the 2008 Pb NAAQS, but for other reasons. With respect to Pb,
the 25 tpy modeling threshold is significantly above the PSD
significant emission rate of 0.6 tpy, but, unlike PM2.5,
oxides of nitrogen (NOX), and SO2, Pb is not a
typical product of combustion given the removal or minimization of Pb
in nearly all fuels, with the exception of aviation gasoline used in
piston-powered aircraft. Thus, there are few remaining stationary
sources of Pb, and of those that remain, such as lead smelters and
battery recycling, Pb emissions are likely to exceed 25 tpy and thus
would
[[Page 62850]]
be subject to dispersion modeling to determine whether the source would
interfere with attainment or maintenance of the 2008 Pb NAAQS.
Lastly, in our September 27, 2014 final rule, we noted that the
deadline for submittal of NSR SIP revisions addressing the 2010
NO2 NAAQS and 2010 SO2 NAAQS had not yet passed,
but we encouraged the Nevada SEC to adopt and submit revised NSR rules
to address these new NAAQS in a timely manner. To address these new
NAAQS, the Nevada SEC adopted revisions to NAC 445B.22097 to update the
NAAQS and Nevada standards listed in that rule to reflect the 2010
NO2 and 2010 SO2 NAAQS. Doing so has the effect
of requiring applicants for sources or modifications with potentials to
emit above certain levels to perform dispersion modeling to inform
NDEP's determination of whether such sources or modifications would
interfere with these new NAAQS. For the purposes of dispersion analyses
for the 2010 NO2 and 2010 SO2 NAAQS, the Nevada
SEC revised NAC 445B.311 to specify modeling thresholds of 40 tpy for
both new sources and modifications. The 40 tpy is equivalent to the PSD
significant emission rates for NOX and SO2, see
40 CFR 51.166(b)(23). Moreover, NDEP's technical support document shows
that minor stationary sources contribute less than 3% and 6% to the
State's total emissions inventory of NOX and SO2,
respectively, and correctly identifies the entire State as
``attainment/unclassifiable'' for the 2010 NO2 NAAQS.\11\ In
light of the designations and emissions inventory data, we agree with
NDEP that use of the PSD significant emission rate is a reasonable
threshold to distinguish sources and modifications that could
potentially interfere with attainment or maintenance of the 2010
NO2 or SO2 NAAQS from those with de minimis
effects, and will provide NDEP with sufficient information to determine
whether new minor sources or minor modifications would interfere with
the 2010 NO2 and 2010 SO2 NAAQS.
---------------------------------------------------------------------------
\11\ See 40 CFR 81.329. With respect to the 2010 SO2
NAAQS, the EPA designated as nonattainment most areas in locations
where existing monitoring data from 2009-2011 indicated violations
of the NAAQS. See 78 FR 47191 (August 5, 2013). No such areas were
designated within the State of Nevada. EPA has not completed the
designation process for the 2010 SO2 NAAQS for areas
other than those designated on August 5, 2013.
---------------------------------------------------------------------------
In summary, and for the reasons set forth above, we find that the
State of Nevada has adequately addressed the previously-identified
deficiencies in the minor source NSR rules and that the amended NSR
rules meet the applicable requirements for NSR SIPs for all of the new
or revised NAAQS for PM2.5, Pb, SO2 and
NO2, other than the 2012 PM2.5 NAAQS for which
NSR SIP revisions are not yet due.
III. Public Comment and Final Action
Pursuant to CAA section 110(k), and for the reasons provided above,
EPA is taking direct final action to approve revisions to certain rules
that relate to applications for, and issuance of, permits for
stationary sources under the jurisdiction of the NDEP, excluding review
and permitting of major sources and major modifications under parts C
and D of title I of the CAA. Specifically, EPA is approving NAC section
445B.308, as amended on December 4, 2013, and NAC sections 445B.22097
and 445B.311, as amended on May 2, 2014, because we find that the
revisions fix the deficiencies in the previously-approved versions of
the rules and adequately provide for new source review for the new or
revised NAAQS for NO2 and SO2.\12\
---------------------------------------------------------------------------
\12\ Upon the effective date of today's final action, the
versions of the rules that we are approving today will supersede NAC
section 445B.22097, as approved at 71 FR 15040 (March 27, 2006), and
NAC sections 445B.308 and 445B.311, as approved at 77 FR 59321
(September 27, 2012) in the applicable SIP.
---------------------------------------------------------------------------
We do not think anyone will object to this approval, so we are
finalizing it without proposing it in advance. However, in the Proposed
Rules section of this Federal Register, we are simultaneously proposing
approval of the same submitted revisions. If we receive adverse
comments by November 20, 2014, we will publish a timely withdrawal in
the Federal Register to notify the public that the direct final
approval will not take effect and we will address the comments in a
subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on December 22, 2014. This will incorporate the
amended rules into the federally enforceable 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 rules 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 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 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 action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and
[[Page 62851]]
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 22, 2014. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Lead, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 29, 2014.
Alexis Strauss,
Acting Regional Administrator, Region IX.
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. Section 52.1470 in paragraph (c), Table 1 is amended by revising the
entries for ``445B.22097,'' ``445B.308, excluding paragraph (2)(d) and
subsections (4), (5), and (10),'' and ``445B.311.''
The revisions read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA-Approved Nevada Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/ subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
445B.22097....................... Standards of quality 6/23/14 [Insert Federal Adopted Regulation
for ambient air. Register citation], of the State
10/21/2014. Environmental
Commission, LCB
File No. R145-13.
The Nevada SEC
amended NAC
445B.22097 on May
2, 2014, and NDEP
submitted it to EPA
on June 5, 2014.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution--Operating Permits Generally
----------------------------------------------------------------------------------------------------------------
* * * * * * *
445B.308, excluding paragraph Prerequisites and 12/23/13 [Insert Federal Adopted Regulation
(2)(d) and subsections (4) and conditions for Register citation], of the State
(9). issuance of certain 10/21/2014. Environmental
operating permits; Commission, LCB
compliance with File No. R042-13.
applicable state The Nevada SEC
implementation plan. amended NAC
445B.308 on
December 4, 2013,
and NDEP submitted
it to EPA on
January 3, 2014.
* * * * * * *
445B.311......................... Environmental 6/23/14 [Insert Federal Adopted Regulation
evaluation: Register citation], of the State
Contents; 10/21/2014. Environmental
consideration of Commission, LCB
good engineering File No. R145-13.
practice stack The Nevada SEC
height. amended NAC
445B.311 on May 2,
2014, and NDEP
submitted it to EPA
on June 5, 2014.
[[Page 62852]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-24762 Filed 10-20-14; 8:45 am]
BILLING CODE 6560-50-P
