[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62846-62852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24762]
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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.
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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: [email protected].
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 [email protected].
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.
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\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.
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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
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Amended Submittal
Submitted rule Title date date
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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.
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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.
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\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'').
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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.
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\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'').
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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.
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\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.
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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.
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\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).
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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.
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\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.
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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.
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\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.''
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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\
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\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.
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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.
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\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.
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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\
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\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.
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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]]
* * * * * * *
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* * * * *
[FR Doc. 2014-24762 Filed 10-20-14; 8:45 am]
BILLING CODE 6560-50-P