[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13278-13280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04777]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0653; FRL-9959-05-Region 9]


Approval of Nevada Air Plan Revisions, Clark County Department of 
Air Quality and Washoe County Health District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Clark County Department of Air Quality and 
Washoe County Health District portions of the Nevada State 
Implementation Plan. These revisions concern emissions of particulate 
matter from fugitive dust. We are proposing to approve local rules to 
regulate these emission sources under the Clean Air Act. We are taking 
comments on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by April 10, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0653 at http://www.regulations.gov, or via email to Andrew 
Steckel, Rulemaking Office Chief at [email protected]. For 
comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, the 
Environmental Protection Agency (EPA) may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR

[[Page 13279]]

FURTHER INFORMATION CONTACT section. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 
(415) 947-4125, [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules
    D. Public comment and proposed action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by the local air agencies, Washoe County Health 
District (WCHD) and Clark County Department of Air Quality (CCDAQ), and 
submitted by the Nevada Division of Environmental Protection (NDEP).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency                   Rule No.               Rule title            Revised        Submitted
----------------------------------------------------------------------------------------------------------------
WCHD...........................  010.000                  Definitions...........        05/26/16        08/15/16
WCHD...........................  040.051                  Wood-Burning Devices..        05/26/16        08/15/16
CCDAQ..........................  26                       Emission of Visible           05/05/15        06/29/15
                                                           Air Contaminants.
----------------------------------------------------------------------------------------------------------------

    On September 16, 2016 and August 11, 2015, the EPA determined that 
the submittals for WCHD and CCDAQ, respectively, met the completeness 
criteria in 40 CFR part 51 Appendix V, which must be met before formal 
EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of Rule 010.000 into the State 
Implementation Plan (SIP) on February 01, 1972 (33 FR 15080) and Rule 
040.051 into the SIP on June 18, 2007 (72 FR 33397). The WCHD adopted 
revisions to the SIP-approved versions on May 26, 2016 and NDEP 
submitted them to us on August 15, 2016. We approved an earlier version 
of Rule 26 into the SIP on August 27, 1981 (46 FR 43141). The CCDAQ 
adopted revisions to the SIP-approved version on December 30, 2008 and 
May 05, 2015, and NDEP submitted them to us on November 20, 2014 and 
June 29, 2015, respectively. While we can act on only the most recently 
submitted version of the rules, we have reviewed materials provided 
with previous submittals.

C. What is the purpose of the submitted rule revisions?

    Particulate Matter (PM), including PM equal to or less than 2.5 
microns in diameter (PM2.5) and PM equal to or less than 10 
microns in diameter (PM10), contributes to effects that are 
harmful to human health and the environment, including premature 
mortality, aggravation of respiratory and cardiovascular disease, 
decreased lung function, visibility impairment, and damage to 
vegetation and ecosystems. Section 110(a) of the Clean Air Act (CAA or 
Act) requires states to submit regulations that control PM emissions. 
WCHD Rule 010.000 was revised to include new definitions, eliminate 
obsolete definitions and change some existing definitions applicable to 
Rule 040.051, Wood-Burning Devices. WCHD Rule 040.051 was revised to 
incorporate requirements from Rule 040.052 (rescinded) and the EPA's 
New Source Performance Standards (NSPS) for Wood Heaters. CCDAQ Rule 26 
was revised to reference the use of EPA Test Method 9 to determine 
compliance with the visible emissions limits. The EPA's technical 
support documents (TSDs) have more information about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). CCDAQ and WCHD regulate areas that 
are classified as attainment for the 24-hour PM10 National 
Ambient Air Quality Standards (NAAQS) (see 40 CFR part 81.305). Rule 
CCDAQ Rule 26 is comparable to other district rules used to enforce a 
visible emissions limit of 20% opacity and WCHD Rules 040.010 and 
040.051 fulfill relevant CAA Best Available Control Measures (BACM) 
requirements. For these reasons, we believe the rules will not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:

    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
(57 FR 13498, April 16, 1992 and 57 FR 18070, April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised 
January 11, 1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 
2001).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment 
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas 
Generally; Addendum to the General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990'' (59 FR 41998, 
August 16, 1994).
    5. ``PM-10 Guideline Document'' (EPA 452/R-93-008, April 1993).

B. Do the rules meet the evaluation criteria?

    We are proposing to approve these rules because they are consistent 
with the relevant policy and guidance regarding enforceability, and SIP 
relaxations. The TSDs have more information on our evaluation.

[[Page 13280]]

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies the rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because they fulfill all relevant 
requirements. We will accept comments from the public on this proposal 
until April 10, 2017. If we take final action to approve the submitted 
rules, our final action will incorporate these rules into the federally 
enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the CCQAD and WCHD rules described in Table 1 of this 
preamble. The EPA has made, and will continue to make, these materials 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely proposes to approve State law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this proposed 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 the 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, the SIP is not approved to apply on any Indian reservation 
land or in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.


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

    Dated: January 19, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-04777 Filed 3-9-17; 8:45 am]
BILLING CODE 6560-50-P