The EPA Regional Administrator, Jared Blumenfeld, signed the following final 

rule on 09/14/12, and EPA is submitting it for publication in the Federal

Register (FR). While we have taken steps to ensure the accuracy of this 

Internet version of the rule, it is not the official version of the rule for 

purposes of compliance. Please refer to the official version in a forthcoming 

FR publication, which will appear on the Government Printing Office's FDsys 

website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov 

(http://www.regulations.gov) in Docket No. EPA-R09-OAR-2012-0556.

 6560-50 

 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2012-0556; FRL-] 

Revisions to the Nevada State Implementation Plan, 

Washoe County Air Quality District 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of revisions to the Washoe 

County Air District Board of Health (WCDBOH) portion of the 

Nevada State Implementation Plan (SIP). This action was proposed 

in the Federal Register on July 30, 2012 and concerns regulations 

regarding compliance with permit conditions, recordkeeping, 

source sampling and testing, and statements of compliance with 40 

CFR Part 70 permits. We are approving local rules that regulate 

these emission sources under the Clean Air Act (CAA or the Act). 

DATES: These rules will be effective on [Insert date 30 days from 

the date of publication in the Federal Register]. 

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-

0556 for this action. Generally, documents in the docket for 

this action are available electronically at 
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

2

http://www.regulations.gov or in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, California. While all documents 

in the docket are listed at http://www.regulations.gov, some 

information may be publicly available only at the hard copy 

location (e.g., copyrighted material, large maps, multi-volume 

reports), and some may not be 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 in the FOR FURTHER 

INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Cynthia Allen, EPA 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. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action

On July 30, 2012 (77 FR 44560), EPA proposed to approve a 

draft version of the following rules because we determined that 

they complied with the relevant CAA requirements. 
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

3

Local Agency Rule # Rule Title 

WCDBOH 030.218 Demonstration of Compliance 

WCDBOH 030.230 Record Keeping 

WCDBOH 030.235 Requirements for Source 

Sampling 

WCDBOH 030.970A Part 70 Permit Monitoring 

and Complliance 

Our proposed action contains more information on the rules 

and our evaluation. Our proposed approval responded to a July 5, 

2012 request from the State to parallel process a version of 

these rules proposed for local adoption on June 28, 2012. On 

August 30, 2012, NDEP submitted to EPA official copies of Washoe 

County Rules 030.218, 030.230, 030.235, and 030.970A that were 

adopted locally on June 28, 2012. On September 10, 2012, EPA 

determined that the submittal for these Washoe County Rules met 

the completeness criteria in 40 CFR Part 51 Appendix V, which 

must be met before formal EPA review. We have reviewed the 

versions of these rules and they are unchanged from the version 

we proposed to approve on July 30, 2012. 

II. Public Comments and EPA Responses

EPA’s proposed action provided a 30-day public comment 

period. During this period, we received no comments. 

III. EPA Action

No comments were submitted that change our assessment of the 

rules as described in our proposed action. Therefore, as 
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

4

authorized under section 110(k)(3) of the Act, EPA is fully 

approving these rules into the Nevada 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 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.); 
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

5

• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 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 
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

6

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 [FEDERAL REGISTER 

OFFICE: insert date 60 days from date of publication of this 

document in the Federal Register]. 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 
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

7

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, Nitrogen 

dioxide, Ozone, Particulate matter, Reporting and recordkeeping 

requirements, Volatile organic compounds. 

September 14, 2012 /s/ 

________________ ______________________ 

Dated: Jared Blumenfeld, 

 Regional Administrator, 

Region IX. 
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

8

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 DD - Nevada 

2. In § 52.1470: 

a. In paragraph (c), Table 7 is amended by adding four new 

entries for sections 030.218, 030.230, 030.235, and 030.970A. 

The amendments to paragraph (c) read as follows: 

§52.1470 Identification of plan. 

* * * * * 

(c) * * * 

Table 7—EPA-Approved Washoe County Regulations 
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

9

State or 

district 

citation 

Title/ 

subject 

State 

effective 

date 

EPA approval 

date 

Additional 

explanation 

 * * * * * * * 

030.218 “Demonstrati

on of 

Compliance”.

06/28/12 [Insert 

Federal

Register page 

number where 

the document 

begins and 

insert date of 

FR publication 

date] 

Submitted on 

08/30/12 

030.230 “Record 

Keeping”. 

06/28/12 [Insert 

Federal

Register page 

number where 

the document 

begins and 

insert date of 

FR publication 

date] 

Submitted on 

08/30/12 

030.235 “Requirement

s for Source 

Sampling and 

Testing”. 

06/28/12 [Insert 

Federal

Register page 

number where 

the document 

begins and 

insert date of 

FR publication 

date] 

* * * * * * *
This document is a prepublication version, signed by the EPA Regional 

Administrator, Jared Blumenfeld, on 09/14/12. We have taken steps to ensure 

the accuracy of this version, but it is not the official version. 

10

030.970A “Part 70 

Permit 

Monitoring 

and 

Compliance”.

06/28/12 [Insert 

Federal

Register page 

number where 

the document 

begins and 

insert date of 

FR publication 

date] 

 

 * * * * * * *