64734 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

First-Class Package International 

Service (250) Price Group x 

For the prices and maximum weights 

for packages (small packets), see Notice 

123, Price List. 

Size Limits 

Packages (Small Packets): See 251.212 

and 251.213 

* * * * * 

Extra Services 

* * * * * 

International Postal Money Order (371) 

[For each country that offers 

international postal money orders, 

revise the fee (which is on the 

‘‘Maximum Amount Available’’ line) to 

read as follows:] 

Fee: $4.50 

[Revise the money order inquiry fee to 

read as follows:] 

Fee: $5.75 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 20 to reflect 

these changes. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2012–25994 Filed 10–22–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0299, FRL–9742–3] 

Approval and Promulgation of 

Implementation Plans; North Dakota: 

Prevention of Significant Deterioration; 

Greenhouse Gas Permitting Authority 

and Tailoring Rule; PM2.5 NSR 

Implementation Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the North Dakota State Implementation 

Plan (SIP) relating to regulation of 

Greenhouse Gases (GHGs) and fine 

particulate matter (PM2.5) under North 

Dakota’s Prevention of Significant 

Deterioration (PSD) program. This 

revision was submitted by the North 

Dakota Department of Health Division of 

Air Quality (ND DOH DAQ) to EPA on 

April 18, 2011. It is intended to align 

North Dakota’s regulations with the 

‘‘PSD and Title V Greenhouse Gas 

Tailoring Final Rule’’ and the final rule 

for ‘‘Implementation of the New Source 

Review (NSR) Program for PM2.5.’’ EPA 

is approving the revision because the 

Agency has determined that the SIP 

revision, already adopted by North 

Dakota as a final effective rule, is in 

accordance with the Clean Air Act (CAA 

or Act) and EPA regulations regarding 

PSD permitting for GHGs and PM2.5. 

DATES: This action is effective on 

November 23, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R08–OAR– 

2012–0299. All documents in the docket 

are listed at http://www.regulations.gov. 

Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at EPA Region 8, Air Quality 

Planning Unit (8P–AR), 1595 Wynkoop 

Street, Denver, Colorado 80202. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, Mailcode 8P– 

AR, Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop St., 

Denver, Colorado 80202–1129, (303) 

312–7814, ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Information is organized as follows: 

Table of Contents 

I. What action is EPA finalizing in today’s 

notice? 

II. What is the background for the PSD SIP 

final approval by EPA in today’s notice? 

A. GHG-Related Actions 

B. PM2.5-Related Actions 

C. North Dakota’s Actions 

III. What is EPA’s analysis of North Dakota’s 

SIP revision? 

IV. Response to Comments 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA finalizing in 

today’s notice? 

On April 18, 2011, ND DOH 

submitted a request to EPA to approve 

revisions to the state’s SIP and Title V 

program to incorporate recent rule 

amendments adopted by the ND DOH 

DAQ. These adopted rules became 

effective in the North Dakota 

Administrative Code on that date. 

Among other things, the amendments 

establish thresholds for GHG emissions 

in North Dakota’s PSD and Title V 

regulations at the same emissions 

thresholds and in the same time-frames 

as those specified by EPA in the ‘‘PSD 

and Title V Greenhouse Gas Tailoring 

Final Rule’’ (75 FR 31514, June 3, 2010), 

hereinafter referred to as the ‘‘Tailoring 

Rule,’’ ensuring that smaller GHG 

sources emitting less than these 

thresholds will not be subject to 

permitting requirements for GHGs that 

they emit. The requested revisions to 

the SIP will clarify the applicable 

thresholds in the North Dakota SIP and 

incorporate state rule changes adopted 

at the state level into the federallyapproved SIP. 

The revisions to the SIP also address 

requirements for PSD programs with 

regard to emissions of PM2.5. These 

requirements were specified by EPA in 

the rule, ‘‘Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers PM2.5 (PM2.5)’’ (73 FR 

28321, May 16, 2008), hereinafter 

referred to as the ‘‘PM2.5 NSR 

Implementation Rule.’’ On July 13, 

2012, EPA proposed approval of North 

Dakota’s April 18, 2011 SIP submittal 

for incorporation into the SIP (77 FR 

41343). We did not propose approval of 

ND’s Title V operating permit program 

revision, which is handled separately 

because the Title V program is not part 

of the SIP. In today’s notice, pursuant to 

section 110 of the CAA, EPA is 

approving the SIP revisions into the 

North Dakota SIP. 

North Dakota also submitted revisions 

to the General Provisions (Section 33– 

15–01–04), Ambient Air Quality 

Standards (Sections 33–15–02–04.1 and 

33–15–02–07, and Tables 1 and 2), and 

Designated Air Contaminant Sources, 

Permit to Construct, Minor Source 

Permit to Operate, Title V Permit to 

Operate (Sections 33–15–14–01.9, 10, 12 

and 15, 33–15–14–02.1, 33–15–14–02.13 

and 33–15–14–03.1.c). In today’s final 

rulemaking, EPA is not taking action on 

those submittals; EPA will act on them 

in a separate rulemaking. 

II. What is the background for the PSD 

SIP final approval by EPA in today’s 

notice? 

This section briefly summarizes EPA’s 

recent GHG and PM2.5-related actions 

that provide the background for today’s 

final action. More detailed discussion of 

the background is found in the 

preambles for those actions. In 

particular, for GHGs the background is 

contained in the PSD SIP Narrowing 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64735 

1 ‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in State 

Implementation Plans; Final Rule.’’ 75 FR 82536 

(December 30, 2010). 

2 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

3 ‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (Apr. 2, 2010). 

4 ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

5Specifically, by action dated December 13, 2010, 

EPA finalized a ‘‘SIP Call’’ that would require those 

states with SIPs that have approved PSD programs 

but do not authorize PSD permitting for GHGs to 

submit a SIP revision providing such authority. 

‘‘Action To Ensure Authority To Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Finding of Substantial Inadequacy and SIP Call,’’ 75 

FR 77698 (December 13, 2010). EPA made findings 

of failure to submit in some states which were 

unable to submit the required SIP revision by their 

deadlines, and finalized FIPs for such states. See, 

e.g. ‘‘Action To Ensure Authority To Issue Permits 

Under the Prevention of Significant Deterioration 

Program to Sources of Greenhouse Gas Emissions: 

Finding of Failure To Submit State Implementation 

Plan Revisions Required for Greenhouse Gases,’’ 75 

FR 81874 (December 29, 2010); ‘‘Action To Ensure 

Authority To Issue Permits Under the Prevention of 

Significant Deterioration Program to Sources of 

Greenhouse Gas Emissions: Federal Implementation 

Plan,’’ 75 FR 82246 (December 30, 2010). Because 

North Dakota’s SIP already authorized North Dakota 

to regulate GHGs at the Tailoring Rule thresholds 

once GHGs became subject to PSD requirements on 

January 2, 2011, North Dakota is not subject to the 

SIP Call or FIP. 

Rule,1 and in the preambles to the 

actions cited therein. 

A. GHG-Related Actions 

EPA has recently undertaken a series 

of actions pertaining to the regulation of 

GHGs that, although for the most part 

distinct from one another, establish the 

overall framework for today’s final 

action on the North Dakota SIP. Four of 

these actions include, as they are 

commonly called, the ‘‘Endangerment 

Finding’’ and ‘‘Cause or Contribute 

Finding,’’ which EPA issued in a single 

final action,2 the ‘‘Johnson Memo 

Reconsideration,’’ 3 the ‘‘Light-Duty 

Vehicle Rule,’’ 4 and the ‘‘Tailoring 

Rule.’’ Taken together and in 

conjunction with the CAA, these actions 

established regulatory requirements for 

GHGs emitted from new motor vehicles 

and new motor vehicle engines; 

determined that such regulations, when 

they took effect on January 2, 2011, 

subjected GHGs emitted from stationary 

sources to PSD requirements; and 

limited the applicability of PSD 

requirements to GHG sources on a 

phased-in basis. EPA took this last 

action in the Tailoring Rule, which, 

more specifically, established 

appropriate GHG emission thresholds 

for determining the applicability of PSD 

requirements to GHG-emitting sources. 

PSD is implemented through the SIP 

system. In December 2010, EPA 

promulgated several rules to implement 

the new GHG PSD SIP program. 

Recognizing that some states had 

approved SIP PSD programs that did not 

apply PSD to GHGs, EPA issued a SIP 

Call and, for some of these states, a 

Federal Implementation Plan (FIP).5

Recognizing that other states had 

approved SIP PSD programs that do 

apply PSD to GHGs, but that do so for 

sources that emit as little as 100 or 250 

tons per year (tpy) of GHG, and that do 

not limit PSD applicability to GHGs to 

the higher thresholds in the Tailoring 

Rule, EPA issued the PSD SIP 

Narrowing Rule. Under that rule, EPA 

withdrew its approval of the affected 

SIPs to the extent those SIPs covered 

GHG-emitting sources below the 

Tailoring Rule thresholds. EPA based its 

action primarily on the ‘‘error 

correction’’ provisions of CAA section 

110(k)(6). 

B. PM2.5-Related Actions 

On May 16, 2008, EPA issued final 

rules governing the implementation of 

the New Source Review (NSR) program 

for particulate matter less than 2.5 

micrometers in diameter (PM2.5), also 

known as fine particles. The PM2.5 NSR 

Implementation Rule finalized several 

NSR program requirements for sources 

that emit PM2.5 and other pollutants that 

contribute to PM2.5, including; 

pollutants that contribute to PM2.5 that 

are subject to NSR regulations, major 

source thresholds, significant emissions 

rates, interpollutant offset trading, 

revised SIP submittal deadlines and 

timing of implementation of the rule. 

The rule requires PSD permits to 

address directly emitted PM2.5 as well as 

pollutants responsible for secondary 

formation of PM2.5 as follows: 

• Sulfur dioxide (SO2)—regulated as a 

PM2.5 precursor 

• Nitrogen oxides (NOx)—regulated 

as a PM2.5 precursor unless a state 

demonstrates that NOx emissions are 

not a significant contributor to the 

formation of PM2.5 for an area in the 

state. 

• Volatile organic compounds 

(VOC)—not regulated as a PM2.5

precursor unless a state demonstrates 

that VOC emissions are a significant 

contributor to the formation of PM2.5 for 

an area in the state. 

C. North Dakota’s Actions 

On June 21, 2010, North Dakota 

provided a letter to EPA, in accordance 

with a request to all states from EPA in 

the Tailoring Rule, with confirmation 

that the State of North Dakota has the 

authority to regulate GHGs in its 

existing SIP-approved PSD program at 

the Tailoring Rule thresholds. The letter 

also confirmed North Dakota’s intent to 

amend its air quality rules for the PSD 

program for GHGs to explicitly match 

the thresholds set in the Tailoring Rule. 

See the docket for this final rulemaking 

for a copy of North Dakota’s letter. 

The rulemaking docket includes a 

Dec. 14, 2010 memo from EPA Region 

8 that documents communications 

between EPA and the State of North 

Dakota, with regard to the question of 

whether the state believed that it needed 

the PSD SIP Narrowing Rule. The state’s 

60-day response letter to EPA, dated 

June 21, 2010, stated, in part, ‘‘The 

Department believes it has existing 

authority to issue both PSD and Title V 

permits for sources of greenhouse gases 

based on the applicability thresholds 

specified in the tailoring rule.’’ 

Therefore, the state believed the 

narrowing rule was unnecessary for 

North Dakota. As a result, North Dakota 

was not subject to the PSD SIP 

Narrowing Rule. 

III. What is EPA’s analysis of North 

Dakota’s SIP revision? 

On April 18, 2011, ND DOH DAQ 

submitted a revision of its regulations to 

EPA for processing and approval into 

the SIP. This SIP revision explicitly 

adopts the GHG emission thresholds for 

PSD applicability set forth in EPA’s 

Tailoring Rule. EPA’s approval of North 

Dakota’s SIP revision will incorporate 

the revisions of the North Dakota 

regulations into the Federally-approved 

SIP. Doing so will clarify the applicable 

thresholds in the North Dakota SIP. 

The SIP revision establishes 

thresholds for determining which 

stationary sources and modification 

projects become subject to permitting 

requirements for GHG emissions under 

North Dakota’s PSD program. 

Specifically, North Dakota’s SIP revision 

includes changes—which are already 

state effective—to North Dakota’s 

Administrative Code, revising chapter 

33–15–15 ‘‘Prevention of Significant 

Deterioration of Air Quality,’’ 

subsection 33–15–15–01.2 ‘‘Scope.’’ 

In subsection 33–15–15–01.2, North 

Dakota implements the PSD program by, 

for the most part, incorporating by 

reference the federal PSD program at 40 

CFR 52.21. Under the current SIP, the 

federal PSD program is incorporated as 

it existed on August 1, 2007. Under the 

SIP revision, the federal PSD program as 

it existed on July 2, 2010 is incorporated 

by reference. This includes revisions to 

the federal PSD program that were 


tkelley on DSK3SPTVN1PROD with RULES
64736 Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 

published as a final rule in the Federal 

Register by this date but had not yet 

been published in the Code of Federal 

Regulations (CFR). The Tailoring Rule, 

including the necessary revisions to the 

federal PSD program, was published as 

a final rule in the Federal Register on 

June 3, 2010, and on July 1, 2010, the 

Tailoring Rule revisions to 40 CFR 52.21 

were noted in the published version of 

the CFR. The SIP revision therefore 

incorporates the PSD requirements of 

the Tailoring Rule. 

Similarly, the revision incorporates, 

for the most part, the PSD requirements 

of the PM2.5 NSR Implementation Rule 

(promulgated May 16, 2011) as reflected 

in 40 CFR 52.21, with one exception. 

North Dakota has modified the language 

in the definition of ‘‘regulated NSR 

pollutant’’ at 40 CFR 52.21(b)(5) 

regarding PM2.5 precursor 

presumptions. The modification 

explicitly establishes that nitrogen 

oxides are a precursor to PM2.5 and that 

volatile organic compounds are not a 

precursor to PM2.5. In other words, the 

State has not attempted to demonstrate 

that nitrogen oxides are not a significant 

contributor to ambient PM2.5

concentrations or that volatile organic 

compounds are a significant contributor 

to ambient PM2.5 concentrations. This 

approach is consistent with the PM2.5

NSR Implementation Rule. Finally, as a 

result of the updated incorporation by 

reference, North Dakota has also 

adopted the clarified definition of 

‘‘reasonable possibility’’ promulgated by 

EPA on December 21, 2007 (72 FR 

72607). 

North Dakota removed language that 

had previously been added to 40 CFR 

52.21(o)(1) for two reasons: To make 

this requirement entirely consistent 

with federal rules and to provide 

flexibility to use current methodologies 

recommended by Federal Land 

Managers. Chapter 33–15–19 is still 

applicable to major sources or major 

modifications under PSD; however, the 

revised PSD rules in Chapter 33–15–15 

do not bind North Dakota to Chapter 

33–15–19 for the visibility analysis. 

North Dakota is currently a SIPapproved state for the PSD program, and 

has previously incorporated EPA’s 2002 

NSR reform revisions for PSD into its 

SIP. See 72 FR 39564 (July 19, 2007). 

The changes to North Dakota’s PSD 

program regulations are substantively 

the same as the federal provisions 

amended in EPA’s Tailoring Rule and 

PM2.5 NSR Implementation Rule. As 

part of its review of North Dakota’s 

submittal, EPA performed a line-by-line 

review of North Dakota’s revision and 

has determined that it is consistent with 

the Tailoring Rule and PM2.5 NSR 

Implementation Rule. 

IV. Response to Comments 

EPA did not receive comments on our 

July 13, 2012 Federal Register notice 

proposing approval of North Dakota’s 

SIP revision relating to regulation of 

GHGs and fine particulate matter under 

the North Dakota PSD program. 

V. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving North Dakota’s April 

18, 2011 revisions to the North Dakota 

SIP, relating to PSD requirements for 

GHG- and PM2.5-emitting sources. 

Specifically, North Dakota’s SIP revision 

establishes appropriate emissions 

thresholds for determining PSD 

applicability to new and modified GHGemitting sources in accordance with 

EPA’s Tailoring Rule. The final SIP 

revision also satisfies PSD requirements 

for treatment of PM2.5 in accordance 

with EPA’s PM2.5 NSR Implementation 

Rule. As a result, EPA has determined 

that this SIP revision is approvable. 

VI. 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, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves some state law as 

meeting federal requirements and 

disapproves other state law because it 

does not meet federal requirements; this 

final action does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this final 

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 CAA; 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. 

List of Subjects in 40 CFR Part 52 

Incorporation by reference, 

Environmental protection, Air pollution 

control, Intergovernmental relations, 

and Reporting and recordkeeping 

requirements. 

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

Dated: October 3, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart JJ—North Dakota 

■ 2. Section 52.1820 in paragraph (c) is 

amended by revising the table entry for 

‘‘33–15–15–01.2’’ to read as follows 

§ 52.1820 Identification of plan. 

* * * * * 

(c) * * * 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 205 / Tuesday, October 23, 2012 / Rules and Regulations 64737 

1The 8-hour averaging period replaced the 

previous 1-hour averaging period, and the level of 

the NAAQS was changed from 0.12 parts per 

million (ppm) to 0.08 ppm (62 FR 38856). 2The annual PM2.5 standard was set at 15 

micrograms per cubic meter (mg/m3), based on the 

3-year average of annual arithmetic mean PM2.5

concentrations from single or multiple communityoriented monitors and the 24-hour PM2.5 standard 

was set at 65 mg/m3, based on the 3-year average of 

the 98th percentile of 24-hour PM2.5 concentrations 

at each population-oriented monitor within an area 

(62 FR 38652). 

3The final rule revising the 24-hour NAAQS for 

PM2.5 from 65 mg/m3 to 35 mg/m3 was published in 

the Federal Register on October 17, 2006 (71 FR 

61144). 

STATE OF NORTH DAKOTA REGULATIONS

State citation Title/subject State effective 

date EPA approval date and citation 1 Explanations 

*******

33–15–15–01.2 .......... Prevention of Significant Deterioration of 

Air Quality, Scope.

10/27/10 [9/27/12, Insert Federal Register page 

number where the document begins.] 

........................

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

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

* * * * * 

[FR Doc. 2012–25667 Filed 10–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0047; FRL–9739–8] 

Partial Approval and Partial 

Disapproval of Air Quality State 

Implementation Plans; Nevada; 

Infrastructure Requirements for Ozone 

and Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving in part and 

disapproving in part State 

Implementation Plan (SIP) revisions 

submitted by the state of Nevada 

pursuant to the requirements of the 

Clean Air Act (CAA) for the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS) and the 1997 and 

2006 NAAQS for fine particulate matter 

(PM2.5). The CAA requires that each 

State adopt and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, and requires 

EPA to act on such SIPs. Nevada has 

met most of the applicable 

requirements. Where EPA is 

disapproving, in part, Nevada’s SIP 

revisions, the majority of the 

deficiencies have been already been 

addressed by a federal implementation 

plan (FIP). For one remaining 

deficiency, this final rule sets a two-year 

deadline for EPA to promulgate a FIP, 

unless EPA approves an adequate SIP 

revision prior to that time. EPA remains 

committed to working with Nevada’s 

environmental agencies to develop such 

a SIP revision. 

DATES: Effective Date: This final rule is 

effective on November 23, 2012. 

ADDRESSES: EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2011–0047. 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., confidential 

business information (CBI)). To inspect 

the hard copy materials, please schedule 

an appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: Rory 

Mays, Air Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, (415) 972–3227, 

mays.rory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. EPA’s Response to Comments 

III. Final Action 

A. Summary of Approvals 

B. Approval of Statutory Provisions and 

Other Materials 

C. Summary of Disapprovals 

D. Consequences of Disapprovals 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 110(a)(1) of the CAA requires 

each state to submit to EPA, within 

three years (or such shorter period as 

the Administrator may prescribe) after 

the promulgation of a primary or 

secondary NAAQS or any revision 

thereof, a SIP that provides for the 

‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. EPA 

refers to these specific submissions as 

‘‘infrastructure’’ SIPs because they are 

intended to address basic structural SIP 

requirements for new or revised 

NAAQS. 

On July 18, 1997, EPA issued a 

revised NAAQS for ozone 1 and a new 

NAAQS for fine particulate matter 

(PM2.5).2 EPA subsequently revised the 

24-hour PM2.5 NAAQS on September 

21, 2006.3 Each of these actions 

triggered a requirement for states to 

submit an infrastructure SIP to address 

the applicable requirements of section 

110(a)(2) within three years of issuance 

of the new or revised NAAQS. 

On August 3, 2012 (77 FR 46361), 

EPA proposed to approve in part and 

disapprove in part several SIP revisions 

and one proposed SIP revision 

submitted by Nevada Division of 

Environmental Protection (NDEP) to 

address the infrastructure requirements 

of CAA section 110(a)(1) and (2) for the 

1997 ozone, 1997 PM2.5, and 2006 PM2.5

NAAQS. NDEP’s submittals include SIP 

revisions submitted to EPA on February 

1, 2008 (‘‘2008 Ozone Submittal’’), 

February 26, 2008 (‘‘2008 PM2.5

Submittal’’), September 15, 2009 (‘‘2009 

PM2.5 Submittal’’), and December 4, 

2009 (‘‘2009 PM2.5 Supplement’’), and a 

proposed SIP revision submitted on July 

5, 2012. The proposed SIP revision 

served as a supplement to the prior four 

infrastructure SIP revisions and was 

submitted under the parallel processing 

mechanism provided by 40 CFR Part 51, 

Appendix V, Section 2.3. The final 

version of the July 5, 2012 proposed SIP 

revision was adopted on August 30, 

2012 and submitted to EPA on the same 

day (‘‘2012 Submittal’’). 

We are taking final action on all five 

submittals since they collectively 


tkelley on DSK3SPTVN1PROD with RULES