[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22425-22430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08817]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2013-0104; FRL-9802-6]


Designation of Areas for Air Quality Planning Purposes; State of 
Nevada; Total Suspended Particulate

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to delete certain area 
designations for total suspended particulate within the State of Nevada 
because the designations are no longer necessary. These designations 
relate to the attainment or unclassifiable areas for total suspended 
particulate in Clark County as well as the following nonattainment 
areas for total suspended particulate elsewhere within the State of 
Nevada: Carson Desert, Winnemucca Segment, Lower Reese Valley, Fernley 
Area, Mason Valley, and Clovers Area. EPA is taking this action under 
the Clean Air Act.

DATES: This rule is effective on June 17, 2013, unless EPA receives 
adverse comment by May 16, 2013. If adverse comments are received, EPA 
will publish a timely withdrawal of the direct final rule in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0104, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov: Follow the on-
line instructions for submitting comments.
    2. Email: [email protected].
    3. Mail or deliver: Karina O'Connor (AIR-2), 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 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section below.

FOR FURTHER INFORMATION CONTACT: Karina O'Connor, EPA Region IX, (775) 
434-8176, [email protected].

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

Table of Contents

I. Statutory and Regulatory Background
II. EPA's Evaluation of the Effect of Deleting Certain TSP Area 
Designations
    A. General Considerations
    B. Deletion of TSP Attainment or Unclassifiable Area 
Designations in Clark County
    C. Deletion of TSP Nonattainment Area Designations for Carson 
Desert, Winnemucca Segment, Lower Reese Valley, Fernley Area, Mason 
Valley, and Clovers Area
III. Final Action and Request for Comment
IV. Statutory and Executive Order Reviews

I. Statutory and Regulatory Background

    On April 30, 1971 (36 FR 8186), pursuant to section 109 of the 
Clean Air Act (``Act'' or CAA), as amended in 1970, EPA promulgated the 
original National Ambient Air Quality Standards (NAAQS) for the 
``criteria'' pollutants, which included carbon monoxide, hydrocarbons, 
nitrogen dioxide, photochemical oxidant, sulfur dioxide, and 
particulate matter. The original NAAQS for particulate matter was 
defined in terms of a reference method that called for measuring 
particulate matter up to a nominal size of 25 to 45 micrometers or 
microns. This fraction of total ambient particulate matter is referred 
to as ``total suspended particulate'' or TSP. Within nine months 
thereafter, each State was required under section 110 of the 1970 
amended Act to adopt and submit to EPA a plan, referred to as a State 
Implementation Plan (SIP), which provides for the implementation, 
maintenance, and enforcement of the NAAQS within each State. The State 
of Nevada submitted its SIP on January 28,

[[Page 22426]]

1972, and EPA approved Nevada's original SIP submittal later that year. 
See 37 FR 10842 (May 31, 1972).
    Generally, SIPs were to provide for attainment of the NAAQS within 
three years after EPA approval of the plan. However, many areas of the 
country did not attain the NAAQS within the statutory period. In 
response, Congress amended the Act in 1977 to establish a new approach, 
based on area designations, for attaining the NAAQS. Under section 
107(d) of the 1977 amended Act, States were to make recommendations for 
all areas within their borders as attainment, nonattainment, or 
unclassifiable for each of the NAAQS, including TSP, and EPA was to 
designate areas based on those recommendations, as modified if 
appropriate. For Nevada, the State recommended, and EPA approved, the 
use of hydrographic areas as the geographic basis for designating air 
quality planning areas. See 67 FR 12474 (March 19, 2002). For the TSP 
NAAQS, EPA designated the following areas in Nevada as 
``nonattainment'': Las Vegas Valley [hydrographic area (HA) 
212], Carson Desert (HA 101), Winnemucca Segment (HA 
70), Lower Reese Valley (HA 59), Gabbs Valley (HA 
122), Fernley Area (HA 76), Truckee Meadows (HA 
87), Mason Valley (HA 108), and Clovers Area (HA 
64). See 43 FR 8962, at 9012 (March 3, 1978). EPA designated 
all other areas in Nevada as attainment or unclassifiable for the TSP 
NAAQS. The area designations for air quality planning purposes in 
Nevada under the Clean Air Act are codified at 40 CFR 81.329.
    Since the establishment of the original designations in 1978, EPA 
has taken three actions directly related to the Nevada TSP 
designations. In 1980, we redesignated Gabbs Valley (HA 122) 
from nonattainment to unclassifiable for the TSP NAAQS. See 45 FR 35327 
(May 27, 1980). Later that same year, we approved a request from the 
State of Nevada to reduce the size of the Carson Desert TSP 
nonattainment area (HA 101) thereby creating a new 
unclassifiable TSP area known as Packard Valley (HA 101A). See 
45 FR 46807 (July 11, 1980). In 2002, we deleted certain attainment and 
unclassifiable area designations for TSP. See 67 FR 68769 (November 13, 
2002).
    The Clean Air Act, as amended in 1977, required States to revise 
their SIPs by January 1979 for all designated nonattainment areas. The 
various local entities and the State of Nevada responded by developing 
and submitting attainment plans for the TSP nonattainment areas, and in 
1981, EPA approved these plans on condition that the State submit, 
within a prescribed period of time, revisions to correct certain 
deficiencies. See 46 FR 21758 (April 14, 1981). In 1982, we found that 
the State had submitted the required revisions correcting the 
identified deficiencies, and we revoked the conditions placed on our 
approval of the TSP plans. See 47 FR 15790 (April 13, 1982).
    In 1987, EPA revised the NAAQS for particulate matter, eliminating 
TSP as the indicator for the NAAQS and replacing it with the 
``PM10'' indicator. See 52 FR 24634 (July 1, 1987). 
PM10 refers to particles with an aerodynamic diameter less 
than or equal to a nominal 10 microns. We indicated in the preamble to 
our regulations implementing the then-new PM10 NAAQS that we 
would consider deletion of TSP area designations once EPA had reviewed 
and approved revised SIPs that include control strategies for the 
PM10 NAAQS and once EPA had promulgated PM10 
increments for the prevention of significant deterioration (PSD) 
program. See 52 FR 24672, at 24682 (July 1, 1987).
    Under our regulations for implementing the revised particulate 
matter NAAQS (i.e., the PM10 NAAQS), EPA did not designate 
areas as nonattainment, attainment, or unclassifiable but categorized 
areas into three groups, referred to as Group I, Group II, or Group 
III. Group I areas were those that had a probability of not attaining 
the PM10 NAAQS (based on existing TSP data) of at least 90%. 
Group I areas were required to submit SIP revisions that contain full 
PM10 control strategies including a demonstration of 
attainment. See 52 FR 24672, at 24681 (July 1, 1987). We identified the 
Las Vegas (HA 212) and Reno (HA 87, known as 
``Truckee Meadows'') planning areas as Group I areas. See 52 FR 29383 
(August 7, 1987) and 55 FR 45799 (October 31, 1990).
    Group II areas were those that had a probability of not attaining 
the PM10 NAAQS of between 20% and 95% based on available TSP 
data. Group II areas were not required to submit SIP revisions that 
contained full PM10 control strategies but were required to 
submit SIP revisions that included enforceable commitments to gather 
PM10 ambient data, analyze and verify the ambient 
PM10 data and report any PM10 exceedances to EPA, 
and to revise the SIP if the exceedances constitute violations of the 
PM10 NAAQS. We identified the Battle Mountain area as a 
Group II area. See 52 FR 29383 (August 7, 1987). The Battle Mountain 
area is located in north-central Nevada and includes Lower Reese River 
Valley and Clovers Area as well as Boulder Flat to the east. In 1990, 
EPA approved the ``committal SIP'' for PM10 for the Battle 
Mountain area. See 55 FR 18110 (May 1, 1990).
    Group III areas were those that had a probability of not attaining 
the PM10 NAAQS of less than 20%. For Group III areas, EPA 
presumed that the existing SIP that had been developed to address the 
TSP NAAQS would be adequate to demonstrate attainment and maintenance 
of the PM10 NAAQS. All areas of Nevada, i.e., other than Las 
Vegas, Reno, and Battle Mountain, as discussed above, were categorized 
as Group III.
    The Clean Air Act was significantly amended in 1990. Under the 1990 
amended Act, Congress replaced the PM10 regulatory approach 
established by EPA in 1987 with the area designation concept and 
designated former ``Group I'' areas and certain other areas as 
nonattainment areas for PM10 by operation of law. See 
section 107(d)(4)(B) of the Act. All other areas were designated 
unclassifiable for PM10 by operation of law. As former 
``Group I'' areas, the Las Vegas and Reno planning areas were 
designated as nonattainment areas for PM10 by operation of 
law. See 56 FR 11101 (March 15, 1991). The rest of the State of Nevada, 
including the former Group II area, Battle Mountain, was designated as 
unclassifiable for PM10. See 57 FR 56762 (November 30, 
1992).
    The 1990 Act amendments also provided for the continued transition 
from TSP to PM10. Specifically, section 107(d)(4)(B) states 
in relevant part: ``Any designation for particulate matter (measured in 
terms of total suspended particulates) that the Administrator 
promulgated pursuant to this subsection (as in effect immediately 
before November 15, 1990) shall remain in effect for purposes of 
implementing the maximum allowable increases in concentrations of 
particulate matter (measured in terms of total suspended particulates) 
pursuant to section 163(b) of this title, until the Administrator 
determines that such designation is no longer necessary for that 
purpose.''
    Section 166(f) of the 1990 amended Act authorizes EPA to replace 
the TSP increments with PM10 increments, and in 1993, EPA 
promulgated the PM10 increments and revised the PSD 
regulations accordingly. See 58 FR 31622 (June 3, 1993). In our June 
1993 final rule, we indicated that the replacement of the TSP 
increments with PM10 increments negates the need for the TSP 
attainment or unclassifiable area designations to be retained. We also 
indicated that we would delete such

[[Page 22427]]

TSP designations in 40 CFR part 81 upon the occurrence of, among other 
circumstances, EPA's approval of a State's or local agency's revised 
PSD program containing the PM10 increments. See 58 FR 31622, 
at 31635 (June 3, 1993).
    In November 2002, we deleted the TSP attainment or unclassifiable 
area designations throughout the State of Nevada, except for those in 
Clark County. See 67 FR 68769 (November 13, 2002). In our November 2002 
final rule, we did not delete any nonattainment area designations for 
the TSP NAAQS. In today's action, we are deleting all of the remaining 
TSP attainment or unclassifiable area designations in the State of 
Nevada and are deleting all of the TSP nonattainment area designations 
except for the Las Vegas planning area (i.e., HA 212, Las 
Vegas Valley) and the Reno planning area (i.e., HA 87, Truckee 
Meadows).\1\
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    \1\ In June 1992, the State of Nevada requested that we 
reclassify the eight existing TSP nonattainment areas in Nevada to 
``unclassifiable'' status. See letter from L.H. Dodgion, 
Administrator, NDEP, to Daniel W. McGovern, Regional Administrator, 
EPA Region IX, dated June 15, 1992. We believe that deletion of the 
TSP nonattainment designations for the six areas addressed in this 
action is administratively more efficient than redesignation of the 
six areas to unclassifiable. We will consider deletion of the two 
TSP area designations that will remain after our action today, i.e., 
the TSP designations for Las Vegas (HA 212, Las Vegas 
Valley) and Reno (HA 87, Truckee Meadows), in future 
rulemakings.
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II. EPA's Evaluation of the Effect of Deleting Certain TSP Area 
Designations

A. General Considerations

    Consistent with section 107(d)(4)(B), we have considered the 
continued necessity for retaining the remaining TSP area designations 
in Nevada, and as discussed in more detail in the following 
subsections, we have decided that the TSP attainment or unclassifiable 
area designations we specifically retained in our November 2002 final 
rule and the TSP nonattainment designations for Carson Desert (HA 
101), Winnemucca Segment (HA 70), Lower Reese Valley 
(HA 59), Fernley Area (HA 76), Mason Valley (HA 
108), and Clovers Area (HA 64), are no longer 
necessary. As a result, we are deleting them from the TSP table in 40 
CFR 81.329.
    To evaluate whether the TSP area designations should be retained or 
can be deleted, we have relied upon the final rule implementing the 
PM10 NAAQS (see 52 FR 24634, July 1, 1987), a policy 
memorandum on TSP redesignations (see memo dated May 20, 1992 from 
Joseph W. Paisie, Acting Chief, SO2/Particulate Matter 
Programs Branch, EPA Office of Air Quality Planning and Standards, to 
Chief, Air Branch, Regions I-X, entitled ``TSP Redesignation 
Request''), and our proposed and final rules establishing maximum 
allowable increases in concentrations (also known as ``increments'') 
for PM10 (see the proposed rule at 54 FR 41218, October 5, 
1989, and the final rule at 58 FR 31622, June 3, 1993).
    Based on the above references, we believe that the relevant 
considerations for evaluating whether the necessity of retaining the 
TSP area designations depend upon the status of a given area with 
respect to TSP and PM10. For areas that are attainment or 
unclassifiable for TSP and also unclassifiable for PM10, we 
generally find that the TSP designations are no longer necessary and 
can be deleted when EPA (1) approves a State's revised PSD program 
containing the PM10 increments, (2) promulgates the 
PM10 increments into a State's SIP where the State chooses 
not to adopt the increments on their own, or (3) approves a State's 
request for delegation of PSD responsibility under 40 CFR section 
52.21(u). See 58 FR 31622, at 31635 (June 3, 1993).
    For areas that are nonattainment for TSP but unclassifiable for 
PM10, an additional consideration is whether deletion of the 
TSP designations would automatically relax any emissions limitations, 
control measures or programs approved into the SIP. If such a 
relaxation would occur automatically with deletion of the TSP area 
designations, then we will not delete the designations until we are 
satisfied that the resulting SIP relaxation would not interfere with 
any applicable requirement concerning attainment, reasonable further 
progress (RFP), or maintenance of the NAAQS or any other requirement of 
the Clean Air Act in the affected areas. See section 110(l) of the Act.

B. Deletion of TSP Attainment or Unclassifiable Area Designations in 
Clark County

    This subsection addresses the 28 TSP attainment or unclassifiable 
areas that are located either partially or entirely within the Clark 
County, Nevada. These 28 areas are designated as unclassifiable for 
PM10.
    In our November 2002 final rule deleting certain TSP attainment or 
unclassifiable area designations in Nevada, we indicated that we would 
delete the TSP attainment or unclassifiable area designations partially 
or entirely located in Clark County once we approve revisions to the 
Clark County pre-construction stationary source permit program 
(referred to as ``new source review'') that implement the 
PM10 increments. See 67 FR 68769, at 68776 (November 13, 
2002). (In Clark County, the agency responsible for the stationary 
source control program is the Clark County Department of Air Quality 
and Environmental Management.) In September 2004, we approved such 
revisions as part of our approval of comprehensive revisions to the 
Clark County new source review program. See 69 FR 54006 (September 7, 
2004). Thus, we now find that the 28 TSP attainment or unclassifiable 
area designations either partially or entirely located within Clark 
County are no longer necessary and can be deleted. These areas include 
the Colorado River Valley (HA 213) and 27 other hydrographic 
areas included within the shorthand term, ``rest of county,'' in the 
``Nevada-TSP'' table in 40 CFR 81.329.

C. Deletion of TSP Nonattainment Area Designations for Carson Desert, 
Winnemucca Segment, Lower Reese Valley, Fernley Area, Mason Valley, and 
Clovers Area

    This subsection addresses the deletion of the TSP nonattainment 
designations for Carson Desert (HA 101), Winnemucca Segment 
(HA 70), Lower Reese Valley (HA 59), Fernley Area (HA 
76), Mason Valley (HA 108), and Clovers Area (HA 
64). These six TSP nonattainment areas are designated as 
unclassifiable for PM10.
    With respect to protection of the PM10 increments, the 
TSP nonattainment designations are no longer necessary in these six 
areas because they are designated as unclassifiable for 
PM10, and as such, have been subject to the PM10 
increments established in our 1993 final rule as of the effective date 
of that rule, i.e., June 3, 1994, through EPA's PSD pre-construction 
permit program promulgated at 40 CFR 52.21. See 40 CFR 52.1485(b) and 
note that these six areas lie outside of Clark County.
    To ensure that deletion of the TSP nonattainment designations for 
these six areas would not result in any automatic relaxations in SIP 
emissions limitations, control measures or programs that would be 
interfere with attainment, RFP or maintenance of the NAAQS (including 
PM10) or any other requirement of the Act, we reviewed the 
applicable portions of the SIP, with particular focus on the TSP 
control strategy attainment plans that were approved for these TSP 
nonattainment areas. These plans include the Carson Desert Air Quality 
Implementation Plan (AQIP), the Winnemucca Segment AQIP, the Lander 
County Air Quality

[[Page 22428]]

Improvement Plan (which covers both the Lower Reese Valley and Clovers 
areas), and the Mason Valley and Fernley Area AQIP.
    These four plans (which cover the six areas) were submitted by the 
State of Nevada to EPA on December 29, 1978. We also reviewed the 
materials that the State of Nevada submitted to EPA to supplement these 
plans, including the paving schedules as submitted on July 24, 1979 for 
the city of Fallon (Carson Desert), the city of Winnemucca (Winnemucca 
Segment), and the cities of Fernley and Yerington (Mason Valley and 
Fernley areas); a resolution adopted by Lander County (Lower Reese 
Valley and Clovers areas) as submitted on July 24, 1979; and the 
State's nonattainment new source review rule (Article 13.1.3) as 
submitted on March 17, 1980. We approved all four plans, as 
supplemented, on April 14, 1981 (at 46 FR 21758), on condition that the 
State identify and commit the monetary and manpower resources necessary 
for implementation of these plans. The State identified the necessary 
resources in a letter submitted to EPA on October 21, 1981. This letter 
provided the basis on April 13, 1982 (at 47 FR 15790) for EPA to revoke 
the condition placed on full approval of the four TSP plans.
    A review of these four plans, as supplemented and approved, reveals 
that the TSP problems in these areas were caused by similar types of 
sources and that attainment of the TSP NAAQS (projected for 1982) 
relied upon a similar mix of control measures. While the relative 
proportions of the various source categories vary somewhat among the 
four areas, the emissions inventories prepared for these plans indicate 
that the principal sources of TSP in these areas are fugitive sources, 
such as travel over unpaved roads and construction activities, and 
industrial processing activities. As such, the control strategies set 
forth in all of the plans rely on local dust ordinances, completion of 
local road paving projects, and regulation of emissions from industrial 
processing activities.
    Among the local dust ordinances referred to in these four plans, 
only one, the Lander County Dust Ordinance (LC8-78), was submitted and 
approved by EPA as a revision to the Nevada SIP. None of the provisions 
in the Lander County Dust Ordinance are contingent upon the 
continuation of a TSP nonattainment designation, and thus deletion of 
the designation would not automatically relax any of the dust control 
requirements set forth therein. Likewise, none of the road paving 
project commitments in the TSP nonattainment areas is contingent upon 
the continuation of the TSP nonattainment designations, and by their 
own terms, all of these projects were to have been completed 20+ years 
ago.
    With respect to industrial sources, the TSP plans rely upon the 
Nevada Division of Environmental Protection (NDEP) to implement and 
enforce rules adopted by the State Environmental Commission (SEC) that 
establish emissions limitations on existing sources (referred to as 
``prohibitory'' rules) and that establish pre-construction permitting 
requirements for new or modified stationary sources (referred to as 
``new source review''). NDEP is the agency directly responsible for 
regulation of stationary sources of air pollution throughout the State 
of Nevada with the exception of Clark and Washoe counties and is the 
applicable air quality agency in the six TSP nonattainment areas 
addressed in this action. The air pollution control rules administered 
by NDEP were originally codified as ``Articles'' of the State of Nevada 
Air Quality Regulations (NAQR), but the original SIP rules have largely 
been superseded by subsequently submitted (and approved) rules that 
have been codified in chapter 445, then later, in chapter 445B, of the 
Nevada Administrative Code (NAC).
    Thus, we reviewed the relevant State prohibitory rules approved by 
EPA as revisions to the Nevada SIP. These rules include NAC 445B.22017 
(``Visible emissions: Maximum opacity; determination and monitoring of 
opacity''), NAC 445B.22067 (``Open burning''), NAC 445B.2207 
(``Incinerator burning''), NAQR Article 7.2.5.1 (source-specific 
particulate matter limits for Milchem Incorporated near Battle 
Mountain), NAC 445.730 (``Colemanite flotation processing plants''), 
NAC 445B.2203 (``Emissions of particulate matter: Fuel-burning 
equipment''), NAC 445B.22033 (``Emissions of particulate matter: 
Sources not otherwise limited''), NAC 445B.22037 (``Emissions of 
particulate matter: Fugitive dust''), NAQR article 16.3.3.2 and 
16.3.3.3 (opacity standards for portland cement plants), NAC 445.808 
(source-specific particulate and opacity limits for certain barite 
processing facilities), and NAC 445.816 (source-specific particulate 
and opacity limits for certain precious metal ore processing 
facilities). None of the provisions in these various rules are 
contingent upon continuation of the TSP nonattainment designations and 
thus deletion of the TSP designations would not automatically relax any 
standard.
    Lastly, we reviewed the relevant EPA-approved new source review 
rules (i.e., pre-construction permitting rules for new or modified 
stationary sources), in particular NAQR Article 13, section 13.1.3, 
which we approved in 1981 (see 46 FR 21758, April 14, 1981). We note 
that the specific requirements of paragraph (2) of section 13.1.3, 
including a control technology requirement for the lowest achievable 
emission rate (LAER) and the provision for offsets, apply to certain 
new point sources (those for which an Environmental Evaluation (EE) 
must be prepared) in ``any designated nonattainment area'' for ``each 
nonattainment pollutant.''
    The term ``nonattainment area'' is defined in the Nevada SIP (see 
NAC 445B.112) and may well continue to apply to TSP designations that 
remain in 40 CFR 81.329. However, the term ``nonattainment pollutant'' 
is not defined in the Nevada SIP but can be assumed to relate to the 
pollutants for which ambient air quality standards are established 
because area designations, such as the designation of 
``nonattainment,'' follow from the establishment of such standards for 
a given air pollutant. Such pollutants are often referred to as 
``criteria air pollutants.'' The Nevada SIP lists criteria air 
pollutants and associated ambient air quality standards in NAC 
445B.22097 (``Standards of quality for ambient air''), which we 
approved on March 27, 2006 (71 FR 15040). The prior SIP rule, NAC 
445.843, that was replaced by NAC 445B.22097, had listed the TSP NAAQS, 
but NAC 445B.22097 does not. With respect to particulate matter, NAC 
445B.22097 lists only one pollutant, PM10. Thus, at least 
since the effective date of our March 2006 final rule (i.e., April 26, 
2006), ``nonattainment pollutant'' no longer refers to TSP for the 
purposes of NAQR article 13.1.3. Thus, deletion of the six TSP 
nonattainment designations would have no effect on new source review in 
those six areas.
    In summary, because the deletion of the TSP nonattainment 
designations for the six TSP areas would not automatically relax any 
emissions limitation or control measure in the Nevada SIP, we find that 
the TSP nonattainment designations are no longer necessary and can be 
deleted. Based on the above discussion and evaluation, therefore, we 
are deleting Carson Desert (HA 101), Winnemucca Segment (HA 
70), Lower Reese Valley (HA 59), Fernley Area (HA 
76), Mason Valley (HA 108), and Clovers Area (HA 
64) from the ``Nevada-TSP'' table in 40 CFR 81.329.

[[Page 22429]]

III. Final Action and Request for Comment

    For the reasons given above, EPA is taking action, under section 
107(d)(4)(B) of the Clean Air Act, as amended in 1990, to delete all of 
the remaining area designations for total suspended particulate within 
the State of Nevada [except for Las Vegas Valley (HA 121) and 
Truckee Meadows (HA 87)] because the designations are no 
longer necessary. To codify this action, the chart in 40 CFR 81.329 
entitled ``Nevada-TSP'' is being modified to delete the entries for 
Colorado River Valley and ``Rest of County'' under Clark County as well 
as the entries for Carson Desert, Winnemucca Segment, Lower Reese 
Valley, Fernley Area, Mason Valley, and Clovers Area, effective June 
17, 2013.
    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial action and anticipate no adverse comments. 
However, in the Proposed Rules section of this Federal Register, we are 
publishing a separate document that will serve as a proposal to delete 
the Nevada TSP area designations discussed above if relevant adverse 
comments are received. This rule will be effective on June 17, 2013 
without further notice unless we receive adverse comment by May 16, 
2013. If we receive adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. Please note that if we receive adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, we may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely deletes certain area designations that had been established for 
air quality planning purposes but that are no longer necessary and 
imposes no additional requirements. Accordingly, the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule deletes certain area 
designations that had been established for air quality planning 
purposes but that are no longer necessary and does not impose any 
additional enforceable duty, it does not contain any unfunded mandate 
or significantly or uniquely affect small governments, as described in 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely deletes certain area 
designations that had been established for air quality planning 
purposes but that are no longer necessary, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This rule also is not subject to 
Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it is not economically significant as defined in Executive Order 12866, 
and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this rule present a 
disproportionate risk to children.
    This rule does not involve establishment of technical standards, 
and thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. section 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. 
section 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 June 17, 2013. 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. 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 the 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 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: April 1, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 81, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

[[Page 22430]]

Subpart C--Section 107 Attainment Status Designations

0
2. In Sec.  81.329, the table ``Nevada--TSP'' is revised to read as 
follows:


Sec.  81.329  Nevada.

                                                   Nevada--TSP
----------------------------------------------------------------------------------------------------------------
                                                  Does not meet    Does not meet                    Better than
              Designated Area \1\                    primary         secondary       Cannot be       national
                                                    standards        standards      classified       standards
----------------------------------------------------------------------------------------------------------------
(Township Range):
    Las Vegas Valley (212) (15-24S, 56-64E)....               X
    Truckee Meadows (87) (17-20N, 18-21E)......               X
----------------------------------------------------------------------------------------------------------------
\1\ ``Designated area'' refers to hydrographic areas identified by number as shown on the State of Nevada
  Division of Water Resources' map titled Water Resources and Inter-basin Flows (September 1971). Township and
  Range is shown for general information purposes only.

* * * * *
[FR Doc. 2013-08817 Filed 4-15-13; 8:45 am]
BILLING CODE 6560-50-P