19144 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 

the most recent Index published prior to 

December 1, 2007. On each December 1 

thereafter the Copyright Royalty Judges 

shall publish a notice of the change in 

the cost of living during the period from 

the most recent index published prior to 

the previous notice, to the most recent 

Index published prior to December 1, of 

that year. 

(b) On the same date of the notices 

published pursuant to paragraph (a) of 

this section, the Copyright Royalty 

Judges shall publish in the Federal 

Register a revised schedule of rates for 

§ 381.5 which shall adjust those royalty 

amounts established in dollar amounts 

according to the change in the cost of 

living determined as provided in 

paragraph (a) of this section. Such 

royalty rates shall be fixed at the nearest 

dollar. 

(c) The adjusted schedule for rates for 

§ 381.5 shall become effective thirty 

days after publication in the Federal 

Register. 

§ 381.11 Notice of restrictions on use of 

reproductions of transmission programs. 

Any public broadcasting entity which, 

pursuant to 17 U.S.C. 118, supplies a 

reproduction of a transmission program 

to governmental bodies or nonprofit 

institutions shall include with each 

copy of the reproduction a warning 

notice stating in substance that the 

reproductions may be used for a period 

of not more than seven days from the 

specified date of transmission, that the 

reproductions must be destroyed by the 

user before or at the end of such period, 

and that a failure to fully comply with 

these terms shall subject the body or 

institution to the remedies for 

infringement of copyright. 

Dated: April 10, 2007. 

James Scott Sledge, 

Chief Copyright Royalty Judge. 

[FR Doc. E7–7067 Filed 4–16–07; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–0165; FRL–8300–3] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing, under the 

Clean Air Act, approval of certain 

revisions to the applicable state 

implementation plan for the State of 

Nevada and full disapproval of certain 

other revisions. These revisions involve 

State rules governing 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. These 

revisions involve submittal of certain 

new or amended State rules and 

requests by the State for rescission of 

certain existing rules from the state 

implementation plan. The rescission 

requests for which we propose approval 

are contingent upon receipt of public 

notice and hearing documentation from 

the State. EPA is proposing this action 

under the Clean Air Act obligation to 

take action on State submittals of 

revisions to state implementation plans. 

The intended effect is to update the 

rules governing permitting in the 

applicable state implementation plan 

and to rescind unnecessary provisions 

from the applicable plan. EPA is taking 

comments on this proposal and plans to 

follow with a final action. 

DATES: Any comments must arrive by 

June 18, 2007. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2007–0165, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), 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 

www.regulations.gov or e-mail. 

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 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 

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: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

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

Table of Contents 

I. The State’s Submittal 

A. Which rules did the state submit or 

rescind? 

B. What is the regulatory history of the 

Nevada SIP? 

C. What is the purpose of this proposed 

rule? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Public comment and proposed action. 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. Which rules did the state submit or 

rescind? 

On February 16, 2005, the State of 

Nevada’s Department of Conservation 

and Natural Resources, Division of 

Environmental Protection (NDEP) 

submitted a large revision to the 

applicable State Implementation Plan 

(SIP). The February 16, 2005 SIP 

revision submittal includes statutory 

provisions, new or amended rules as 

well as requests for rescission of certain 

statutory provisions and rules approved 

by EPA into the applicable SIP. The 

rules and rescission requests submitted 

by NDEP on February 16, 2005 relate to 

definitions, administrative 

requirements, prohibitory rules, and 

permitting-related requirements and 

procedures. The February 16, 2005 SIP 

submittal also includes documentation 

of public notice and hearing for all of 

the new or amended rules through the 

hearing on November 30, 2004 held by 

the Nevada State Environmental 

Commission. 

On January 12, 2006, NDEP resubmitted most of the earlier submittal 

as modified to reflect new or amended 

rules adopted by the State 

Environmental Commission on October 


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1We note that the stationary source permitting 

rules that are the subject of this proposal are not 

intended to satisfy the requirements for preconstruction 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. 

Of the 100+ permit-related rules or statutes that 

were submitted by NDEP for approval or for 

rescission, we are proposing action today on all but 

two. We are deferring action on the State’s requests 

for rescission of rule 25 of general order number 3 

of the Nevada Public Service Commission and 

Nevada Revised Statutes (NRS) 704.820 to 

704.900—Construction of utility facilities: utility 

environmental protection act. Rule 25 of general 

order number 3 and NRS 704.820–900 relate to new 

source review under part D, and as such, we will 

take action on the State’s related rescissions after 

the State submits, and we take action on, a revised 

‘‘nonattainment’’ new source review program under 

part D of title I of the Clean Air Act. 

2Provisions that EPA promulgates under CAA 

section 110(c) in substitution of disapproved State 

provisions are referred to as Federal 

Implementation Plans (FIPs). 

3CAA 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. CAA section 193 provides 

Continued 

4, 2005. The January 12, 2006 SIP 

revision submittal supersedes the 

regulatory portion of the earlier SIP 

revision submittal but is not a complete 

re-submittal of the earlier submittal in 

that it did not include the 

documentation of public notice and 

hearing previously submitted. The 

January 12, 2006 SIP revision submittal 

does include such documentation for 

amendments adopted by the 

commission on October 4, 2005. 

On December 8, 2006, NDEP 

submitted a SIP revision supplementing 

and superseding certain rules submitted 

on January 12, 2006 to reflect 

amendments adopted by the State 

Environmental Commission on 

September 6, 2006. The December 8, 

2006 SIP revision submittal contains the 

amended rules and related 

documentation of public notice and 

hearing. Our consideration of the rules 

submitted on January 12, 2006 and 

December 8, 2006 is made herein in 

light of the public participation 

documentation contained in those two 

submittals as well as the February 16, 

2005 submittal. With some specific 

exceptions, none of the three submittals 

contains documentation of public notice 

and hearing for the State’s rescissions. 

The primary purpose of these SIP 

revision submittals is to clarify and 

harmonize the provisions approved by 

EPA under section 110 of the Clean Air 

Act (‘‘Act’’ or CAA) with the current 

provisions adopted by the State. 

Because these submittals incorporate so 

many changes from the 1970s and 1980s 

vintage SIP regulations, EPA has 

decided to review and act on them in a 

series of separate actions. The first such 

action, related to various definitions, 

sulfur emission rules, and restrictions 

on open burning and use of incinerators, 

was proposed in the Federal Register on 

September 13, 2005 (70 FR 53975) and 

finalized on March 27, 2006 (71 FR 

15040). The second such action, related 

to statutory authority, was proposed on 

June 9, 2006 (71 FR 33413) and finalized 

on August 31, 2006 (71 FR 51766). A 

third action, related to most of the 

State’s rescissions, was proposed on 

August 28, 2006 (71 FR 50875); EPA 

finalized most of the proposed 

rescissions on January 3, 2007 (72 FR 

11). A fourth action, related to 

monitoring and VOC rules, was 

proposed on August 31, 2006 (71 FR 

51793) and finalized on December 11, 

2006 (71 FR 71486). 

In today’s action, we are taking 

another step in the process of acting on 

the State’s January 12, 2006, and 

December 8, 2006 SIP revision 

submittals by proposing action on the 

State’s submittal of rules governing 

applications for, and issuance of, 

permits for stationary sources.1 We are 

also proposing action on the State’s 

requests for rescission of certain permitrelated rules in the existing SIP. The 

remaining portions of the submittals 

will be acted on in future Federal 

Register actions. 

B. What is the regulatory history of the 

Nevada SIP? 

Pursuant to the Clean Air 

Amendments of 1970, the Governor of 

Nevada submitted the original Nevada 

SIP to EPA in January 1972. EPA 

approved certain portions of the original 

SIP and disapproved other portions 

under CAA section 110(a). See 37 FR 

10842 (May 31, 1972). For some of the 

disapproved portions of the original SIP, 

EPA promulgated substitute provisions 

under CAA section 110(c).2 This 

original SIP included various rules, 

codified as articles within the Nevada 

Air Quality Regulations (NAQR), and 

various statutory provisions codified in 

chapter 445 of the Nevada Revised 

Statutes (NRS). In the early 1980’s, 

Nevada reorganized and re-codified its 

air quality rules into sections within 

chapter 445 of the Nevada 

Administrative Code (NAC). Today, 

Nevada codifies its air quality 

regulations in chapter 445B of the NAC 

and codifies air quality statutes in 

chapter 445B (‘‘Air Pollution’’) of title 

40 (‘‘Public Health and Safety’’) of the 

NRS. 

Nevada adopted and submitted many 

revisions to the original set of 

regulations and statutes in the SIP, some 

of which EPA approved on February 6, 

1975 at 40 FR 5508; on March 26, 1975 

at 40 FR 13306; on January 9, 1978 at 

43 FR 1341; on January 24, 1978 at 43 

FR 3278; on August 21, 1978 at 43 FR 

36932; on July 10, 1980 at 45 FR 46384; 

on April 14, 1981 at 46 FR 21758; on 

August 27, 1981 at 46 FR 43141; on 

March 8, 1982 at 47 FR 9833; on April 

13, 1982 at 47 FR 15790; on June 18, 

1982 at 47 FR 26386; on June 23, 1982 

at 47 FR 27070; on March 27, 1984 at 

49 FR 11626. Since 1984, EPA has 

approved very few revisions to Nevada’s 

applicable SIP despite numerous 

changes that have been adopted by the 

State Environmental Commission. As a 

result, the version of the rules 

enforceable by NDEP is often quite 

different from the SIP version 

enforceable by EPA. 

C. What is the purpose of this proposed 

rule? 

The purpose of this proposed rule is 

to present our evaluation under the 

Clean Air Act and EPA’s regulations of 

the new and amended rules in NDEP’s 

January 12, 2006 and December 8, 2006 

SIP revision submittals. The submitted 

rules relate to application for, and 

issuance of, permits for stationary 

sources and with respect to NDEP’s 

requests for rescission of certain 

permitting-related rules from the 

existing SIP. We provide our reasoning 

in general terms below but provide a 

more detailed analysis in the technical 

support document (TSD) that has been 

prepared for this proposed rulemaking. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Under CAA section 110(k)(2), EPA is 

obligated to take action on submittals by 

States of SIPs and SIP revisions. CAA 

section 110(k)(3) authorizes EPA to 

approve or disapprove, in whole or in 

separable part, such submittals. 

EPA has reviewed the rules submitted 

on January 12, 2006 and December 8, 

2006 by NDEP governing application 

for, and issuance of, permits for 

stationary sources and the permittingrelated rules (in the existing SIP) that 

the State has requested rescission for 

compliance with the CAA requirements 

for SIPs in general set forth in CAA 

section 110(a)(2) and for stationary 

source permitting programs in particular 

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) and 

193.3 As described below, EPA is 


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that no control requirement in effect in any area 

which is a nonattainment area for any air pollutant 

may be modified after November 15, 1990, in any 

manner unless the modification insures equivalent 

or greater emission reductions of such air pollutant. 

4 ‘‘Best Available Control Technology’’ (BACT) is 

the control technology requirement under EPA’s 

Prevention of Significant Deterioration (PSD) 

regulations for pre-construction review and 

permitting of new major sources and major 

modifications in attainment or unclassifiable areas, 

and we would expect this definition to be resubmitted by NDEP when they submit their rules 

implementing PSD for approval by EPA as a SIP 

revision. 

proposing approval of some, but full 

disapproval of most, of the submitted 

rules and rescissions. 

B. Do the rules meet the evaluation 

criteria? 

We are proposing action on the 

submitted rules listed in tables 1 and 2 

and on the requests for rescission of 

existing SIP rules listed in table 3. Table 

1 lists the submitted rules that, while 

permit-related, are separable from the 

rest of the permit-related rules and thus 

qualify for action independent of our 

action on the bulk of the permit-related 

rules. Table 2 lists the submitted set of 

rules that comprise the bulk of NDEP’s 

stationary source permitting program 

(excluding review under parts C and D 

of the title I of the CAA). Table 3 lists 

the permit-related rules (in the existing 

SIP) for which NDEP has requested 

rescission and for which we are 

proposing action. 

TABLE 1.—SUBMITTED RULES THAT ARE PROPOSED FOR ACTION INDEPENDENT OF THE REST OF THE PERMIT-RELATED

RULES

Submitted rule Title Adoption 

date 

Submittal 

date 

Proposed 

action 

NAC 445B.021 .................................... ‘‘Area source’’ defined ........................................................ 11/03/93 01/12/06 Disapproval. 

NAC 445B.028 .................................... ‘‘Best available control technology’’ defined ...................... 03/26/96 01/12/06 Disapproval. 

NAC 445B.178 .................................... ‘‘Source reduction’’ defined ................................................ 03/03/94 01/12/06 Disapproval. 

NAC 445B.196 .................................... ‘‘Toxic regulated air pollutant’’ defined ............................... 10/03/95 01/12/06 Disapproval. 

NAC 445B.22083 ................................ Construction, major modification or relocation of plants to 

generate electricity using steam produced by burning 

of fossil fuels.

10/04/05 01/12/06 Approval. 

NAC 445B.250 .................................... Notification of planned construction or reconstruction ....... 10/04/05 01/12/06 Approval. 

NAC 445B.252 .................................... Testing and sampling ......................................................... 09/18/03 01/12/06 Approval. 

The separable, submitted rules are 

listed in table 1 along with the 

applicable adoption and submittal dates 

and our proposed actions. As shown in 

table 1, we are proposing approval of 

the three specific submitted rules and 

disapproval of four specific submitted 

rules. We are proposing approval of 

NAC 445B.22083, 445B.230, and 

445B.252 because they strengthen the 

SIP and otherwise meet all applicable 

requirements. We are proposing 

disapproval of NAC 445B.021, 

445B.178, and 445B.196 because they 

define terms that are not used in any of 

the other submitted rules or in any of 

the rules of the existing SIP and thus are 

unnecessary. We are also proposing to 

disapprove NAC 445B.028 (‘‘Best 

Available Control Technology’’ defined) 

because it is not used in any of the other 

submitted rules and is used only in an 

existing SIP rule for which we are 

proposing to grant NDEP’s rescission 

request.4 The TSD provides more details 

concerning our proposal and rationale 

with respect to each of the rules listed 

in table 1. 

Table 2 lists the submitted rules 

governing application for, and issuance 

of, permits for stationary sources under 

NDEP jurisdiction in the State of 

Nevada, excluding rules intended to 

provide for review and permitting of 

major sources and major modifications 

under parts C and D of title I of the 

CAA. In our review of these submitted 

rules, we have identified a number of 

deficiencies that lead us to conclude 

that the submitted rules do not comply 

with the requirements of section 110 

and 40 CFR part 51, sections 51.160 

through 51.164 and that form the basis 

for our proposed disapproval. 

TABLE 2.—SUBMITTED RULES GOVERNING APPLICATION FOR, AND ISSUANCE OF, PERMITS FOR STATIONARY SOURCES

UNDER NDEP JURISDICTION

Submitted rule Title Adoption date Submittal date 

NAC 445B.003 ................................. ‘‘Adjacent properties’’ defined ................................................................... 11/03/93 01/12/06 

NAC 445B.0035 ............................... ‘‘Administrative revision to a Class I operating permit’’ defined ............... 08/19/04 01/12/06 

NAC 445B.007 ................................. ‘‘Affected state’’ defined ............................................................................ 11/03/93 01/12/06 

NAC 445B.013 ................................. ‘‘Allowable emissions’’ defined .................................................................. 10/04/05 01/12/06 

NAC 445B.014 ................................. ‘‘Alteration’’ defined ................................................................................... 10/03/95 01/12/06 

NAC 445B.016 ................................. ‘‘Alternative operating scenarios’’ defined ................................................. 10/03/95 01/12/06 

NAC 445B.019 ................................. ‘‘Applicable requirements’’ defined ............................................................ 01/22/98 01/12/06 

NAC 445B.035 ................................. ‘‘Class I–B application’’ defined ................................................................ 10/03/95 01/12/06 

NAC 445B.036 ................................. ‘‘Class I source’’ defined ........................................................................... 08/19/04 01/12/06 

NAC 445B.037 ................................. ‘‘Class II source’’ defined .......................................................................... 09/18/01 01/12/06 

NAC 445B.038 ................................. ‘‘Class III source’’ defined ......................................................................... 09/18/01 01/12/06 

NAC 445B.044 ................................. ‘‘Construction’’ defined .............................................................................. 10/04/05 01/12/06 

NAC 445B.046 ................................. ‘‘Contiguous property’’ defined .................................................................. 09/16/76 01/12/06 

Sec. 2 of R096–05 ........................... ‘‘Dispersion technique’’ defined ................................................................. 10/04/05 01/12/06 

Sec. 3 of R096–05 ........................... ‘‘Excessive concentration’’ defined ........................................................... 10/04/05 01/12/06 

NAC 445B.066 ................................. ‘‘Existing stationary source’’ defined ......................................................... 10/03/95 01/12/06 

NAC 445B.068 ................................. ‘‘Facility’’ defined ....................................................................................... 10/03/95 01/12/06 

NAC 445B.069 ................................. ‘‘Federally enforceable’’ defined ................................................................ 11/03/93 01/12/06 

NAC 445B.070 ................................. ‘‘Federally enforceable emissions cap’’ defined ....................................... 11/03/93 01/12/06 


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TABLE 2.—SUBMITTED RULES GOVERNING APPLICATION FOR, AND ISSUANCE OF, PERMITS FOR STATIONARY SOURCES

UNDER NDEP JURISDICTION—Continued 

Submitted rule Title Adoption date Submittal date 

NAC 445B.082 ................................. ‘‘General permit’’ defined .......................................................................... 10/03/95 01/12/06 

Sec. 4 of R096–05 ........................... ‘‘Good engineering practice stack height’’ defined ................................... 10/04/05 01/12/06 

NAC 445B.087 ................................. ‘‘Increment’’ defined .................................................................................. 11/03/93 01/12/06 

NAC 445B.093 ................................. ‘‘Major modification’’ defined ..................................................................... 08/19/04 01/12/06 

NAC 445B.094 ................................. ‘‘Major source’’ defined ............................................................................. 05/10/01 01/12/06 

NAC 445B.0945 ............................... ‘‘Major stationary source’’ defined ............................................................. 08/19/04 01/12/06 

NAC 445B.099 ................................. ‘‘Modification’’ defined ............................................................................... 10/03/95 01/12/06 

NAC 445B.104 ................................. ‘‘Motor vehicle’’ defined ............................................................................. 05/10/01 01/12/06 

Sec. 5 of R096–05 ........................... ‘‘Nearby’’ defined ....................................................................................... 10/04/05 01/12/06 

NAC 445B.108 ................................. ‘‘New stationary source’’ defined .............................................................. 10/03/95 01/12/06 

NAC 445B.117 ................................. ‘‘Offset’’ defined ......................................................................................... 10/03/95 01/12/06 

NAC 445B.123 ................................. ‘‘Operating permit’’ defined ....................................................................... 11/19/02 01/12/06 

NAC 445B.124 ................................. ‘‘Operating permit to construct’’ defined ................................................... 11/19/02 01/12/06 

NAC 445B.1345 ............................... ‘‘Plantwide applicability limitation’’ defined ................................................ 08/19/04 01/12/06 

NAC 445B.138 ................................. ‘‘Potential to emit’’ defined ........................................................................ 03/26/98 01/12/06 

NAC 445B.142 ................................. ‘‘Prevention of significant deterioration of air quality’’ defined .................. 11/03/93 01/12/06 

NAC 445B.147 ................................. ‘‘Program’’ defined ..................................................................................... 11/03/93 01/12/06 

NAC 445B.154 ................................. ‘‘Renewal of an operating permit’’ defined ................................................ 11/03/93 01/12/06 

NAC 445B.156 ................................. ‘‘Responsible official’’ defined ................................................................... 11/03/93 01/12/06 

NAC 445B.157 ................................. ‘‘Revision of an operating permit’’ defined ................................................ 08/19/04 01/12/06 

NAC 445B.179 ................................. ‘‘Special mobile equipment’’ defined ......................................................... 05/10/01 01/12/06 

NAC 445B.187 ................................. ‘‘Stationary source’’ defined ...................................................................... 05/10/01 01/12/06 

NAC 445B.194 ................................. ‘‘Temporary source’’ defined ..................................................................... 05/10/01 01/12/06 

NAC 445B.287 ................................. Operating permits: General requirements; exception; restriction on 

transfers.

08/19/04 01/12/06 

NAC 445B.288 ................................. Operating permits: Exemptions from requirements; insignificant activities.05/10/01 01/12/06 

NAC 445B.295 ................................. Application: General requirements ............................................................ 09/06/06 12/08/06 

NAC 445B.297 ................................. Application: Submission of application and supplementary or corrected 

information.

08/19/04 01/12/06 

NAC 445B.298 ................................. Application: Official date of submittal ........................................................ 08/19/04 01/12/06 

NAC 445B.305 ................................. Operating permits: Imposition of more stringent standards for emissions 10/03/95 01/12/06 

NAC 445B.308 ................................. Prerequisites and conditions for issuance of operating permits: Environmental evaluation; compliance with control strategy; exemption from 

environmental evaluation.

09/06/06 12/08/06 

NAC 445B.310 ................................. Environmental evaluation: Applicable sources ......................................... 09/06/06 12/08/06 

NAC 445B.311 ................................. Environmental evaluation: Required information ...................................... 09/06/06 12/08/06 

NAC 445B.313 ................................. Method for determining heat input: Class I sources ................................. 11/19/02 01/12/06 

NAC 445B.3135 ............................... Method for determining heat input: Class II sources ................................ 11/19/02 01/12/06 

NAC 445B.314 ................................. Method for determining heat input: Class III sources ............................... 11/19/02 01/12/06 

NAC 445B.315 ................................. Contents of operating permits: Exception for operating permits to construct; required conditions.11/19/02 01/12/06 

NAC 445B.318 ................................. Operating permits: Separate permit required for each source; form of 

application; issuance or denial of permit; posting of permit.

09/06/06 12/08/06 

NAC 445B.319 ................................. Operating permits: Administrative amendment ......................................... 08/19/04 01/12/06 

NAC 445B.325 ................................. Operating permits: Termination, reopening and revision, revision, or 

revocation and reissuance.

01/22/98 01/12/06 

NAC 445B.326 ................................. Operating permits: Assertion of emergency as affirmative defense to 

action for noncompliance.

11/03/93 01/12/06 

NAC 445B.331 ................................. Request for change of location of emission unit ...................................... 09/06/06 12/08/06 

NAC 445B.3361 ............................... General requirements ................................................................................ 09/06/06 12/08/06 

NAC 445B.3363 ............................... Operating permit to construct: Application ................................................ 09/06/06 12/08/06 

NAC 445B.33637 ............................. Operating permit to construct for approval of plantwide applicability limitation: Application.08/19/04 01/12/06 

NAC 445B.3364 ............................... Operating permit to construct: Review of application and determination 

of completeness by director; notice.

09/06/06 12/08/06 

NAC 445B.3365 ............................... Operating permit to construct: Required conditions ................................. 09/06/06 12/08/06 

NAC 445B.33656 ............................. Operating permit to construct for approval of plantwide applicability limitation: Required conditions and information.09/06/06 12/08/06 

NAC 445B.3366 ............................... Operating permit to construct: Expiration; extension ................................ 09/06/06 12/08/06 

NAC 445B.3368 ............................... Application: Additional requirements; exception ....................................... 08/19/04 01/12/06 

NAC 445B.3375 ............................... Class I–B application: Filing requirement ................................................. 09/06/06 12/08/06 

NAC 445B.3395 ............................... Review of application and determination of completeness by director; 

notice; expiration of permit.

09/06/06 12/08/06 

NAC 445B.340 ................................. Prerequisites to issuance, revision or renewal of permit .......................... 01/22/98 01/12/06 

NAC 445B.342 ................................. Revision of permit: Exception when making certain changes; notification 

of changes.

09/06/06 12/08/06 

NAC 445B.3425 ............................... Minor revision of permit ............................................................................. 08/19/04 01/12/06 

NAC 445B.344 ................................. Significant revision of permit ..................................................................... 11/19/02 01/12/06 

NAC 445B.3441 ............................... Administrative revision of permit to incorporate conditions of certain permits to construct.09/06/06 12/08/06 


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19148 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 

TABLE 2.—SUBMITTED RULES GOVERNING APPLICATION FOR, AND ISSUANCE OF, PERMITS FOR STATIONARY SOURCES

UNDER NDEP JURISDICTION—Continued 

Submitted rule Title Adoption date Submittal date 

NAC 445B.3443 ............................... Renewal of permit ..................................................................................... 02/26/04 01/12/06 

NAC 445B.3453 ............................... Application: General requirements ............................................................ 11/19/02 01/12/06 

NAC 445B.3457 ............................... Application: Determination of completeness by director ........................... 09/06/06 12/08/06 

NAC 445B.346 ................................. Required contents of permit ...................................................................... 10/03/95 01/12/06 

NAC 445B.3465 ............................... Application for revision .............................................................................. 10/04/05 01/12/06 

NAC 445B.3473 ............................... Renewal of permit ..................................................................................... 02/26/04 01/12/06 

NAC 445B.3477 ............................... Class II general permit .............................................................................. 11/19/02 01/12/06 

NAC 445B.3485 ............................... Application: General requirements ............................................................ 09/06/06 12/08/06 

NAC 445B.3487 ............................... Application: Determination of completeness by director ........................... 09/06/06 12/08/06 

NAC 445B.3489 ............................... Required content of permits ...................................................................... 09/06/06 12/08/06 

NAC 445B.3493 ............................... Application for revision .............................................................................. 09/18/01 01/12/06 

NAC 445B.3497 ............................... Renewal of permits ................................................................................... 02/26/04 01/12/06 

First, we find that certain submitted 

rules use undefined terms, contain 

incorrect citations, rely on rules or 

statutory provisions that have not been 

submitted for approval as part of the 

SIP, or multiple versions of the same 

rule were included in the same 

submittal, and thus are unnecessarily 

ambiguous. Specifically, NAC 

445B.3366 relies on the term, 

‘‘commence,’’ that is not defined in the 

SIP for contexts outside of CAA section 

111. NAC 445B.069 includes incorrect 

citations to EPA regulations. The 

following submitted rules rely on rules 

or statutory provisions that have not 

been submitted: NAC 445B.287 (citing 

subsection (2)), NAC 445B.104 (citing 

NRS 485.050), NAC 445B.179 (citing 

NRS 482.123), and NAC 445B.311 

(citing 445B.083). More than one 

version of the following rules was 

submitted on December 8, 2006: NAC 

445B.308, NAC 445B.3363, and NAC 

445B.3364. NDEP must define the 

relevant term, correct the citations, 

submit the relevant rules and statutory 

provisions for approval into the SIP, and 

submit a single version of those rules for 

which multiple versions were 

submitted. 

Second, the definition of ‘‘potential to 

emit’’ in submitted rule NAC 445B.138 

must be revised to require effective 

limits and to include criteria by which 

a limit is judged to be practicably 

enforceable by NDEP. 

Third, NDEP’s stationary source 

program may not be as inclusive as 

required under the CAA depending 

upon whether the exclusion of ‘‘special 

mobile equipment’’ from the definition 

of ‘‘stationary source’’ in submitted rule 

NAC 445B.187 extends to engines and 

vehicles that are not considered to be 

‘‘nonroad.’’ Absent a satisfactory 

explanation by NDEP, the definition 

must be amended accordingly. 

Fourth, the method for determining 

heat input for class I sources in 

submitted rule NAC 445B.313 must be 

amended to require combustion sources 

to make applicability determinations 

based on the maximum heat input. 

Fifth, NAC 445B.331 (‘‘Request for 

change of location of emission unit’’) 

must be amended to limit its 

applicability to location changes within 

the confines of the existing stationary 

source at which the emission unit is 

originally permitted. Relocation of an 

emission unit to a site outside of the 

existing source at which it is originally 

permitted should trigger new source 

review. 

Sixth, the submitted rule NAC 

445B.3477 (‘‘Class II general permit’’) 

does not identify the requirements for 

general permits, the public participation 

requirements for issuing such permits, 

nor the criteria by which stationary 

sources may qualify for such a permit. 

To be approved, the rule must be 

amended accordingly. 

Seventh, NAC 445B.311 allows for 

NDEP to authorize use of a modification 

or substitution of a model specified in 

appendix W of 40 CFR part 51 without 

EPA approval and must be amended 

accordingly to comply with 40 CFR 

51.160(f). 

Eighth, to comply with 40 CFR 51.161 

(‘‘Public availability of information’’), 

the relevant submitted rules must be 

amended to provide for adequate public 

review of new or modified class II 

sources. Under submitted rule NAC 

445B.3457 (‘‘Application: Determination 

of completeness by Director’’), NDEP 

may initiate public notice and comment 

if, after review of an application for a 

class II permit, NDEP determines that 

the change to the stationary source 

results in a significant change in air 

quality at any location where the public 

is present on a regular basis. Such a 

provision does not provide well-defined 

objective criteria for determining when 

public notice is required to meet the 

requirements of 40 CFR 51.161. 

With respect to issue of public review 

of proposed permits, the submitted 

provisions for class I sources are 

generally acceptable with one 

exception; NAC 445B.3364 must be 

amended to specifically require that 

copies of NDEP’s review and 

preliminary intent to issue or deny a 

class I operating permit be sent to 

Washoe County Health District for those 

sources proposed to be constructed or 

modified in Washoe County and to the 

Clark County Department of Air Quality 

and Environmental Management in 

Clark County. Also, the rules must be 

amended to provide for public 

participation for sources of lead with 

PTE’s greater than 5 tons per year. See 

40 CFR 51.100(k)(2) and 40 CFR 

51.161(d). 

Ninth, while the affirmative defense 

provision in NAC 445B.326 is 

acceptable as applied to permit 

conditions, it is not approvable under 

CAA section 110(a)(2) if applied to 

technology-based emission limitations 

approved into the SIP. Because of the 

potential for confusion, NAC 445B.326 

should be withdrawn from further 

consideration as part of the Nevada SIP 

or must be revised to clarify that the 

affirmative defense applies only to 

actions brought for noncompliance of 

permit conditions and not to 

technology-based emission limitations 

approved into the SIP. 

Lastly, while the submitted rules 

include a specific prohibition on 

approving a permit for any source where 

the degree of emission limitation 

required is affected by that amount of 

the stack height as exceeds good 

engineering practice stack height or any 

other dispersion technique, the relevant 

provision (i.e., 445B.308(3)) includes 

director’s discretion (* * * if ‘‘the 

Director determines’’ * * *), which 

must be removed in order for EPA to 

approve the rules as meeting the 

requirements of 40 CFR 51.164. 


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Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 19149 

5Final approval of these rules would supersede 

the following rules in the applicable SIP 

(superseding rules shown in parentheses) upon the 

established compliance date for any new or 

amended requirements in the superseding rules: 

NAC 445B.22083, as submitted on November 30, 

2003 (NAC 445B.22083); NAQR article 2.16.1 (NAC 

445B.250); and NAC 445.682 (NAC 445B.252). 

The TSD provides more details 

concerning our proposal and rationale 

with respect to each of the issues 

discussed above in connection with the 

rules listed in table 2. In the TSD, we 

also identify certain other deficiencies 

in the rules listed in table 2 that we do 

not view as approvability issues but that 

we recommend for further clarification 

or correction. 

Table 3 lists the permit-related rules 

in the existing SIP for which NDEP has 

requested rescission and for which we 

are proposing action. Table 3 lists these 

rules along with the dates they were 

submitted to EPA and the dates on 

which we published approval of them 

into the SIP in the Federal Register. As 

shown in table 3, we are proposing 

approval of rescission requests for 

NAQR article 13.1.3(3) and NAC 

445.706(2) and proposing disapproval of 

rescission requests for NAQR article 

1.60 and 1.72 and NAC 445.715. 

TABLE 3.—EXISTING SIP RULES FOR WHICH THE STATE HAS REQUESTED RESCISSION AND FOR WHICH WE ARE

PROPOSING ACTION

Existing SIP rule Title Submittal date Approval date and FR Proposed 

action 

Article 1.60 ...................................... Effective date ................................. 12/29/78 08/27/81 at 46 FR 43141 ............... Disapproval. 

NAQR Article 1.72 ........................... Existing facility ............................... 12/10/76 08/21/78 at 43 FR 36932 ............... Disapproval. 

NAQR Article 13, subsection 

13.1.3(3).

[BACT requirement in attainment 

areas].

03/17/80 04/14/81 at 46 FR 21758 ............... Approval. 

NAC 445.706(2) .............................. [payment of fees] ........................... 10/26/82 03/27/84 at 49 FR 11626 ............... Approval. 

NAC 445.715 ................................... Operation permits: Revocation ...... 10/26/82 03/27/84 at 49 FR 11626 ............... Disapproval. 

We are proposing approval of the 

rescission request for NAQR article 

13.1.3(3), which applies a control 

technology requirement defined by Best 

Available Control Technology (BACT) to 

certain new sources in attainment areas 

for the following reasons: 

• Air pollution permit programs 

developed by States under section 110 

of the Clean Air Act are not required to 

impose a BACT requirement on new 

sources in attainment areas so long as 

the program is not intended to satisfy 

part C of title I of the Act; 

• Rescission of the SIP BACT 

requirement would only act 

prospectively and would not relax 

emission limits in any existing permits; 

• Rescission would not eliminate the 

BACT requirement for all new sources 

in Nevada given that BACT continues to 

be a requirement for new major sources 

and major modifications in attainment 

areas under EPA’s prevention of 

significant deterioration regulations at 

40 CFR 52.21 (see 40 CFR 52.1485); and 

• We find no evidence to suggest that 

Nevada is relying on the BACT 

requirement in NAQR article 13.1.3(3) 

to maintain the National Ambient Air 

Quality Standards (NAAQS) in any area. 

Thus, we find that rescission of the 

BACT requirement in NAQR article 

13.1.3(3) from the SIP would not 

interfere with continued attainment of 

the NAAQS and can therefore be 

approved under CAA section 110(l). 

We are proposing approval of the 

rescission request for NAC 445.706(2), 

which relates to permit fees, because 

permit fee rules are no longer required 

for the NDEP portion of the Nevada SIP 

under CAA section 110(a)(2)(L) given 

our approval of NDEP’s title V program 

(and related fee requirements). Our 

proposed approval of the rescission 

requests for NAQR article 13.1.3(3) and 

NAC 445.706(2) is contingent upon 

receipt of documentation from NDEP of 

notice and public hearing for repeal or 

rescission of these provisions as 

required under CAA section 110(l) for 

all SIP revisions. 

We are proposing disapproval of the 

rescission request for NAQR article 1.60 

because it defines a term, ‘‘effective 

date,’’ that is relied upon by other terms 

in the existing SIP that NDEP intends to 

retain, such as ‘‘existing source’’ as 

defined in NAQR article 1.73 and ‘‘new 

source’’ as defined in NAQR article 

1.114. We find that the rescission 

requests for NAQR article 1.72 and NAC 

445.715 could otherwise be approved 

but for the fact that we are proposing 

disapproval of the submitted set of rules 

comprising NDEP’s current stationary 

source permitting program (listed in 

table 2, above). NAQR article 1.72 and 

NAC 445.715 need to be retained in 

connection with the stationary source 

permitting program as approved in the 

existing SIP, and thus we are proposing 

to disapprove their related rescission 

requests at this time. The TSD provides 

more details concerning our proposal 

and rationale with respect to each of the 

rules listed in table 3. 

C. Public Comment and Proposed 

Action 

Under CAA section 110(k)(3) and for 

the reasons stated above, EPA is 

proposing, under the Clean Air Act, 

approval of certain revisions to the 

applicable Nevada SIP and full 

disapproval of certain other revisions. 

These revisions involve State rules 

governing applications for, and issuance 

of, permits for stationary sources, but 

not including pre-construction review 

and permitting of major sources and 

major modifications under parts C and 

D of title I of the Clean Air Act. NDEP 

submitted the rules that are the subject 

of this proposal on January 12, 2006 and 

re-submitted amendments to some of 

these rules on December 8, 2006. 

Specifically, we are proposing 

approval of three specific submitted 

rules and disapproval of one such rule 

(see table 1, above); full disapproval of 

the rest of the submitted rules that 

comprise NDEP’s stationary source 

permitting program (see table 2, above); 

and approval of two, and disapproval of 

three, requests for rescission of rules 

from the existing SIP (see table 3, 

above). The rescission requests for 

which we propose approval are 

contingent upon receipt of public notice 

and hearing documentation from the 

State. We will accept comments from 

the public on this proposal for the next 

60 days. 

Unless we receive convincing new 

information during the comment period, 

we intend to publish a final rule that 

will approve three rules shown in table 

1, above, as revisions to the Nevada 

SIP;5 disapprove one rule shown in 

table 1 and all of the submitted rules 

shown in table 2, above; rescind two 

rules shown in table 3, above, from the 

Nevada SIP (contingent upon receipt of 

public notice and hearing 

documentation); and retain three rules 

(also shown in table 3) in the Nevada 

SIP. If we finalize our disapproval of the 

relevant submitted rules, we will not be 

imposing sanctions under CAA section 


cprice-sewell on PRODPC61 with PROPOSALS
19150 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Proposed Rules 

6 In this context, we are referring to NDEP’s 

program for issuing pre-construction permits for all 

new sources and modifications other than those for 

which part C (i.e., PSD) or part D (i.e., 

Nonattainment NSR) of title I of the CAA apply and 

for issuing operating permits under title I of the 

CAA (not title V). 

179 and 40 CFR 52.31 because the State 

of Nevada has an approved stationary 

source permitting program in the 

applicable SIP and is not required under 

the Clean Air Act to submit its updated 

stationary source permitting program to 

EPA for approval.6

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely proposes 

to approve or disapprove new or 

amended state rules, or to approve or 

disapprove requests for rescission of 

previously-approved state rules, as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this proposed rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this rule 

proposes to approve or disapprove preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

This proposed rule also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to approve or disapprove new 

or amended state rules, or to approve or 

disapprove requests for rescission of 

previously-approved state rules, 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This proposed rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This proposed 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Lead, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: April 4, 2007. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E7–7285 Filed 4–16–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2002–0034; FRL–8299–8] 

RIN 2060–AM85 

National Emission Standards for 

Hazardous Air Pollutants for Iron and 

Steel Foundries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing 

amendments to the national emission 

standards for hazardous air pollutants 

for iron and steel foundries. The 

proposed amendments add alternative 

compliance options for cupolas at 

existing foundries and clarify several 

provisions to increase operational 

flexibility and improve understanding 

of the final rule requirements. 

DATES: Comments must be received on 

or before May 17, 2007, unless a public 

hearing is requested by April 27, 2007. 

If a hearing is requested on the proposed 

rule, written comments must be 

received by June 1, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2002–0034, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: National Emission Standards 

for Hazardous Air Pollutants for Iron 

and Steel Foundries Docket, 

Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2002–

0034. EPA’s policy is that all comments 

received 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 information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 


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