[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62350-62352]
From the Federal Register Online via the Government Publishing 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.

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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 http://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 http://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''.
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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
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                                                          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.
 
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[FR Doc. 2014-24510 Filed 10-16-14; 8:45 am]
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