[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60915-60917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24527]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0556; FRL-9736-8]


Revisions to the Nevada State Implementation Plan, Washoe County 
Air Quality District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Washoe County 
Air District Board of Health (WCDBOH) portion of the Nevada State 
Implementation Plan (SIP). This action was proposed in the Federal 
Register on July 30, 2012 and concerns regulations regarding compliance 
with permit conditions, recordkeeping, source sampling and testing, and 
statements of compliance with 40 CFR Part 70 permits. We are approving 
local rules that regulate these emission sources under the Clean Air 
Act (CAA or the Act).

DATES: These rules will be effective on November 5, 2012.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0556 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. 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: Cynthia Allen, EPA Region IX, (415) 
947-4120, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 30, 2012 (77 FR 44560), EPA proposed to approve a draft 
version of the following rules because we determined that they complied 
with the relevant CAA requirements.

[[Page 60916]]



----------------------------------------------------------------------------------------------------------------
          Local agency                Rule No.                               Rule title
----------------------------------------------------------------------------------------------------------------
WCDBOH..........................           030.218  Demonstration of Compliance.
WCDBOH..........................           030.230  Record Keeping.
WCDBOH..........................           030.235  Requirements for Source Sampling.
WCDBOH..........................          030.970A  Part 70 Permit Monitoring and Compliance.
----------------------------------------------------------------------------------------------------------------

    Our proposed action contains more information on the rules and our 
evaluation. Our proposed approval responded to a July 5, 2012 request 
from the State to parallel process a version of these rules proposed 
for local adoption on June 28, 2012. On August 30, 2012, NDEP submitted 
to EPA official copies of Washoe County Rules 030.218, 030.230, 
030.235, and 030.970A that were adopted locally on June 28, 2012. On 
September 10, 2012, EPA determined that the submittal for these Washoe 
County Rules met the completeness criteria in 40 CFR Part 51 Appendix 
V, which must be met before formal EPA review. We have reviewed the 
versions of these rules and they are unchanged from the version we 
proposed to approve on July 30, 2012.

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 that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized under 
section 110(k)(3) of the Act, EPA is fully approving these rules into 
the Nevada SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements 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 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 4, 2012. 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. 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 14, 2012.
Jared Blumenfeld,
 Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart DD--Nevada

0
2. In Sec.  52.1470, in paragraph (c), Table 7 is amended by adding 
four new entries for sections 030.218, 030.230, 030.235, and 030.970A 
in alphanumeric order to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *

[[Page 60917]]



                                 Table 7--EPA-Approved Washoe County Regulations
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                                              District
   District citation      Title/subject    effective date  EPA approval date        Additional explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
030.218...............  ``Demonstration          06/28/12  10/05/12 [Insert   Submitted on 08/30/12.
                         of Compliance''.                   Federal Register
                                                            page number
                                                            where the
                                                            document begins].
030.230...............  ``Record                 06/28/12  10/05/12 [Insert   Submitted on 08/30/12.
                         Keeping''.                         Federal Register
                                                            page number
                                                            where the
                                                            document begins.
030.235...............  ``Requirements           06/28/12  10/05/12 [Insert   ..................................
                         for Source                         Federal Register
                         Sampling and                       page number
                         Testing''.                         where the
                                                            document begins].
 
                                                  * * * * * * *
030.970A..............  ``Part 70 Permit         06/28/12  10/05/12 [Insert   ..................................
                         Monitoring and                     Federal Register
                         Compliance''.                      page number
                                                            where the
                                                            document begins].
 
                                                  * * * * * * *
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[FR Doc. 2012-24527 Filed 10-4-12; 8:45 am]
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