Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Rules and Regulations 57051 

1Section 110(k)(6) of the Clean Air Act, as 

amended in 1990, provides, ‘‘Whenever the 

Administrator determines that the Administrator’s 

action approving, disapproving, or promulgating 

any plan or plan revision (or part thereof), area 

designation, redesignation, classification or 

reclassification was in error, the Administrator may 

in the same manner as the approval, disapproval, 

or promulgation revise such action as appropriate 

without requiring any further submission from the 

State. Such determination and the basis thereof 

shall be provided to the State and the public.’’ 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0435; FRL–8976–3] 

Approval and Promulgation of 

Implementation Plans; Corrections to 

the Arizona and Nevada State 

Implementation Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is deleting certain 

statutes and rules that were erroneously 

approved by EPA under the Clean Air 

Act as part of the Arizona and Nevada 

state implementation plans. The statutes 

that are the subject of this rule are from 

the Arizona state implementation plan. 

The rules that are the subject of this rule 

were adopted by the Pima County 

Health Department in Arizona and the 

State Environmental Commission, Clark 

County District Board of Health, and 

Washoe County District Board of Health 

in Nevada. The statutes and rules that 

EPA is deleting relate to general 

declarations of policy, advisory 

committees, variances, and incidental 

fees and nuisance odors. EPA has 

determined that the continued presence 

of these statutory provisions and rules 

in the applicable state implementation 

plans is potentially confusing and thus 

harmful to affected sources, the state, 

local agencies, the general public and to 

EPA. The intended effect of this action 

is to delete these statutes and rules from 

the Arizona and Nevada state 

implementation plans. EPA is also 

correcting certain clerical and 

typographical errors in the codification 

of the Pima County portion of the 

Arizona plan. 

DATES: This rule is effective on January 

4, 2010 without further notice, unless 

EPA receives adverse comments by 

December 3, 2009. 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–2009–0435, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: allen.cynthia@epa.gov. 

3. Mail or deliver: Cynthia Allen 

(AIR–4), 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 http://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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov portal 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 

e-mail directly to EPA, your e-mail 

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. 

Docket: The index to the docket for 

this action is available electronically at 

http://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. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Allen, Rules Office (AIR–4), 

U.S. Environmental Protection Agency, 

Region IX, (415) 947–4120, 

allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Why is EPA correcting the SIPs? 

II. What rules are being deleted? 

III. Public Comment and Final Action 

IV. Administrative Requirements 

I. Why is EPA correcting the SIPs? 

The Clean Air Act (CAA or ‘‘Act’’) 

was first enacted in 1970. In the 1970s 

and early 1980s, thousands of state and 

local agency regulations were submitted 

to EPA for incorporation into state 

implementation plans (SIPs) in order to 

fulfill the new federal requirements. In 

many cases, states submitted entire 

regulatory air pollution programs, 

including many elements not required 

by the Act. Due to time and resource 

constraints, EPA’s review of these 

submittals focused primarily on the new 

substantive requirements, and we 

approved many other elements into the 

SIP with minimal review. 

We now recognize that many of these 

elements were not appropriate for 

approval into the SIPs because they are 

not required for SIPs and are not related 

to the SIPs’ purpose under CAA section 

110(a) of implementing, maintaining, 

and enforcing the national ambient air 

quality standards. Examples of 

inappropriately-approved SIP elements 

include statutes and rules that consist of 

general statements of policy; that govern 

local advisory boards; that specify 

incidental fees, method of payment, and 

refunds; and that regulate nuisance 

odors. Most of the statutes and rules we 

are deleting in today’s action fall under 

one of these categories. 

In addition, we are deleting certain 

variance-related provisions that were 

orphaned by a previous EPA rulemaking 

deleting most such provisions from the 

Nevada Division of Environmental 

Protection (NDEP) portion of the Nevada 

SIP and the Pima County portion of the 

Arizona SIP. See EPA’s proposed rule at 

61 FR 38664 (July 25, 1996) and final 

rule at 62 FR 34641 (June 27, 1997) for 

the rationale concerning the 

inappropriateness of variance 

provisions in a SIP. As explained in 

EPA’s 1996 rule proposing to remove 

various variance-related provisions, 

variance provisions are generally 

prohibited by, and are not legally 

enforceable pursuant to, section 110(i) 

of the Act. 

II. What statutory provisions and rules 

are being deleted? 

EPA has determined that the statutes 

and rules listed in the tables below were 

inappropriate for inclusion in the SIP, 

but were previously approved into the 

SIP in error. Dates that these statutes 

and rules were submitted by Arizona 

and Nevada and approved by EPA are 

provided. We are deleting these statutes 

and rules from the Arizona and Nevada 

SIPs under CAA section 110(k)(6) 1 as 

inconsistent with the requirements of 

CAA section 110(a). 

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57052 Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Rules and Regulations 

ARIZONA REVISED STATUTES

Statute No. Title Submittal date Approval date/FR cite 

36–770 ....................... Declaration of Policy ................................................................................... 07/13/81 06/18/82; 47 FR 26382. 

36–776 ....................... Authorization to Accept Funds or Grants ................................................... 07/13/81 06/18/82; 47 FR 26382. 

36–777 ....................... Advisory Council ......................................................................................... 07/13/81 06/18/82; 47 FR 26382. 

PIMA COUNTY DEPARTMENT OF ENVIRONMENTAL QUALITY

Rule No. Title Submittal date Approval date/FR cite 

131 ............................. Establishment ............................................................................................. 10/09/79 04/16/82; 47 FR 16326. 

132 ............................. Composition ................................................................................................ 10/09/79 04/16/82; 47 FR 16326. 

133 ............................. Terms: Nominations ................................................................................... 10/09/79 04/16/82; 47 FR 16326. 

134 ............................. Function ...................................................................................................... 10/09/79 04/16/82; 47 FR 16326. 

135 ............................. Officers; Procedures ................................................................................... 10/09/79 04/16/82; 47 FR 16326. 

136 ............................. Meetings; Special Studies; Hearings ......................................................... 10/09/79 04/16/82; 47 FR 16326. 

137 ............................. Compensation; Absences ........................................................................... 10/09/79 04/16/82; 47 FR 16326. 

164 ............................. Copies ......................................................................................................... 10/09/79 04/16/82; 47 FR 16326. 

181 ............................. Legal Authority ............................................................................................ 10/09/79 04/16/82; 47 FR 16326. 

182 ............................. General Procedures ................................................................................... 10/09/79 04/16/82; 47 FR 16326. 

205 ............................. Conditional Permits (Variances) ................................................................. 10/09/79 04/16/82; 47 FR 16326. 

214 ............................. Permit Fee Payments ................................................................................. 10/09/79 04/16/82; 47 FR 16326. 

245 ............................. Conditional Permit (Variance) Fees ........................................................... 10/09/79 04/16/82; 47 FR 16326. 

246 ............................. Payment of Permit Fees ............................................................................. 10/09/79 04/16/82; 47 FR 16326. 

247 ............................. Refund of Permit Fees ............................................................................... 10/09/79 04/16/82; 47 FR 16326. 

248 ............................. Fees for Duplicate Permits ......................................................................... 10/09/79 04/16/82; 47 FR 16326. 

NEVADA STATE REGULATIONS

Rule No. Title Submittal date Approval date/FR cite 

2.11.7 ......................... Untitled, but related to judicial review of variances .................................... 12/29/78 08/27/81; 46 FR 43141. 

CLARK COUNTY DEPARTMENT OF AIR QUALITY AND ENVIRONMENTAL MANAGEMENT

Rule No. Title Submittal date Approval date/FR cite 

Section 3, rule 3.1 ..... Air Pollution Control Committee ................................................................. 07/24/79 08/27/81; 46 FR 43141. 

WASHOE COUNTY DISTRICT HEALTH DEPARTMENT, AIR QUALITY MANAGEMENT DIVISION

Rule No. Title Submittal date Approval date/FR cite 

020.020 ...................... Adoption, Amending Regulations ............................................................... 06/12/72 07/27/72; 37 FR 15080. 

020.030 ...................... Hearing Board—Powers and Duties .......................................................... 06/12/72 07/27/72; 37 FR 15080. 

020.075 ...................... Technical Reports and Fees ...................................................................... 06/12/72 07/27/72; 37 FR 15080. 

030.3105 .................... Hazardous Materials Processes ................................................................. 07/24/79 08/27/81; 46 FR 43141. 

030.3107 .................... Untitled, but related to the cost for permit transfer .................................... 07/24/79 08/27/81; 46 FR 43141. 

030.3108 .................... Untitled, but related to the cost for permit replacement ............................. 07/24/79 08/27/81; 46 FR 43141. 

040.055 ...................... Nuisance—Odorous or Gaseous Contaminants ........................................ 06/12/72 07/27/72; 37 FR 15080. 

We are also taking this opportunity to 

correct certain clerical and 

typographical errors in a certain 

paragraph from the Arizona subpart of 

part 52 (‘‘Approval and promulgation of 

implementation plans’’) listing 

approved rules from the Pima County 

Health Department as submitted by 

Arizona on October 9, 1979, and 

approved by EPA on April 18, 1982 (47 

FR 16326). The subject paragraph is 40 

CFR 52.120(c)(38)(i)(A). In our 1982 

final rule approving certain Pima 

County rules, we inadvertently 

identified the rules approved under 

‘‘Regulation 21’’ as ‘‘Rules 221–225.’’ 

The correct listing for the approved 

rules under ‘‘Regulation 21’’ is ‘‘Rules 

211–215.’’ 

In addition, as noted in an EPA final 

rule published at 69 FR 2509 (January 

16, 2004), beginning with the 1993 

version of the Code of Federal 

Regulations (CFR), the Government 

Printing Office (GPO) inadvertently 

omitted two lines of codified rules from 

40 CFR 52.120(c)(38)(i)(A), the same 

paragraph listing the Pima County rules 

approved by us in 1982. Our 2004 

correcting amendment replaced most of 

the Pima County rules inadvertently 

omitted by the GPO but inadvertently 

failed to include ‘‘Regulation 21, Rules 

221–225,’’ which, as noted above, 

should read: ‘‘Regulation 21: Rules 211– 

215.’’ 

In addition, beginning with the 2004 

version of the CFR, the paragraph (that 

omitted certain Pima County rules) that 

was intended to be replaced in its 

entirety through our 2004 correcting 

amendment has been published in 

addition to the replacement paragraph. 

In this action, we are correcting all of 

these errors with a revision to 40 CFR 

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Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Rules and Regulations 57053 

52.120(c)(38)(i)(A) that correctly lists 

the rules approved under ‘‘Regulation 

21’’ and that deletes the paragraph that 

we intended to replace in 2004. 

III. Public Comment and Final Action 

EPA has reviewed the statutes and 

rules listed in the tables above and 

determined that they were previously 

approved into the respective SIPs in 

error. Deletion of these rules will not 

relax the applicable SIP and is 

consistent with the Act. Therefore, EPA 

is deleting these statutes and rules 

under section 110(k)(6) of the Act, 

which provides EPA authority to 

remove these statutes and rules without 

additional State submission. EPA is also 

correcting certain clerical and 

typographical errors in the codification 

of the Pima County portion of the 

Arizona SIP. 

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 action. If we receive adverse 

comments by December 3, 2009, 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 January 4, 

2010. 

IV. Administrative Requirements 

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 corrects 

previous actions approving 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, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable 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 January 4, 2010. 

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. 

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, 

Reporting and recordkeeping 

requirements. 

Dated: October 19, 2009. 

Nancy Lindsay, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Section 52.120 is amended by: 

■ a. Revising paragraph (c)(38)(i)(A); 

■ b. Adding paragraph (c)(38)(i)(A)(1); 

and 

■ c. Adding paragraph (c)(50)(ii)(A)(1). 

The revision and additions read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(38) * * * 

(i) * * * 

(A) New or amended Regulation 10: 

Rules 101–103; Regulation 11: Rules 

111–113; Regulation 12: Rules 121–123; 

Regulation 13: Rules 131–137; 

Regulation 14: Rules 141 and 143–147; 

Regulation 15: Rule 151; Regulation 16: 

Rules 161–165; Regulation 17: Rules 

172–174; Regulation 18: Rules 181 and 

182; Regulation 20: Rules 201–205; 

Regulation 21: Rules 211–215; 

Regulation 22: Rules 221–226; 

Regulation 23: Rules 231–232; 

Regulation 24: Rules 241 and 243–248; 

Regulation 25: Rules 251 and 252; 

Regulation 30: Rules 301 and 302; 

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57054 Federal Register / Vol. 74, No. 211 / Tuesday, November 3, 2009 / Rules and Regulations 

Regulation 31: Rules 312–316 and 318; 

Regulation 32: Rule 321; Regulation 33: 

Rules 331 and 332; Regulation 34: Rules 

341–344; Regulation 40: Rules 402 and 

403; Regulation 41: 411–413; Regulation 

50: Rules 501–503 and 505–507; 

Regulation 51: Rules 511 and 512; 

Regulation 60: Rule 601; Regulation 61: 

Rule 611 (Paragraph A.1 to A.3) and 

Rule 612; Regulation 62: Rules 621–624; 

Regulation 63: Rule 631; Regulation 64: 

Rule 641; Regulation 70: Rules 701–705 

and 706 (Paragraphs A to C, D.3, D.4, 

and E); Regulation 71: Rules 711–714; 

Regulation 72: Rules 721 and 722; 

Regulation 80: Rules 801–804; 

Regulation 81: Rule 811; Regulation 82: 

Rules 821–823; Regulation 90: Rules 

901–904; Regulation 91: Rule 911 

(except Methods 13–A, 13–B, 14, and 

15), and Rules 912 and 913; Regulation 

92: Rules 921–924; and Regulation 93: 

Rules 931 and 932. 

(1) Previously approved on April 16, 

1982 in paragraph (c)(38)(i)(A) of this 

section and now deleted from the SIP 

without replacement Pima County 

Health Department Regulations: 

Regulation 13: Rules 131–137; 

Regulation 16: Rule 164; Regulation 18: 

Rules 181 and 182; Regulation 20: Rule 

205; Regulation 21: Rule 214; and 

Regulation 24: Rules 245–248. 

* * * * * 

(50) * * * 

(ii) * * * 

(A) * * * 

(1) Previously approved on June 18, 

1982 in paragraph (c)(50)(ii)(A) of this 

section and now deleted from the SIP 

without replacement Arizona Revised 

Statutes: sections 36–770, 36–776, and 

36–777. 

* * * * * 

Subpart DD—Nevada 

■ 3. Section 52.1470 is amended by: 

■ a. Adding paragraphs (c)(2)(i), 

(c)(14)(vii)(A), (c)(16)(viii)(D), and 

(c)(16)(ix)(A) to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(2) * * * 

(i) Previously approved on July 27, 

1972 in paragraph (c)(2) of this section 

and now deleted from the SIP without 

replacement Washoe County Air Quality 

Regulations: Rules 020.020, 020.030, 

020.075, and 040.055. 

* * * * * 

(14) * * * 

(vii) * * * 

(A) Previously approved on August 

27, 1981 in paragraph (c)(14)(vii) of this 

section and now deleted from the SIP 

without replacement Nevada Air 

Quality Regulations: Rule 2.11.7. 

* * * * * 

(16) * * * 

(viii) * * * 

(D) Previously approved on August 

27, 1981 in paragraph (c)(16)(viii) of this 

section and now deleted from the SIP 

without replacement Nevada Air 

Quality Regulations: Clark County 

District Board of Health Air Pollution 

Control Regulations: Section 3, Rule 3.1. 

(ix) * * * 

(A) Previously approved on August 

27, 1981 in paragraph (c)(16)(ix) of this 

section and now deleted from the SIP 

without replacement Washoe County 

Air Quality Regulations: Rules 

030.3105, 030.3107, and 030.3108. 

* * * * * 

[FR Doc. E9–26325 Filed 11–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

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