Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 25971 

fulfills all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by June 7, 2007, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on July 9, 2007. 

This will incorporate these rules into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 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 approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 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 approves pre-existing 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 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 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This 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 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.). 

The Congressional Review Act, 5 

U.S.C. section 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 rule 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 July 9, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: February 15, 2007. 

Wayne Nastri, 

Regional Administrator, Region IX. 

Editorial Note: This document was 

received at the Office of the Federal Register 

on May 2, 2007. 

■ 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. Section 52.1470 is amended by 

adding paragraph (c)(55)(i)(A)(2) to read 

as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(55) * * * 

(i) * * * 

(A) * * * 

(2) Regulation 040.030 adopted on 

July 26, 2002. 

* * * * * 

[FR Doc. E7–8695 Filed 5–7–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0635; FRL–8308–2] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Visible Emissions and Particulate 

Matter Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


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25972 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 

1Final approval of these rules supersedes the 

following rules in the applicable SIP (superseding 

rule shown in parentheses): NAC 445.721 (NAC 

445B.22017); NAQR Article 4.3, 4.3.1, 4.3.2, 4.3.3 

and 4.3.5 (NAC 445B.2202); NAC 445.731 (NAC 

445B.2203), NAC 445.732 (NAC 445B.22033), and 

NAC 445.734 (NAC 445B.22037). NAC 445.729 is 

not superseded by the corresponding submitted rule 

NAC 445B.22027 because the former is relied upon 

by certain SIP rules (e.g., NAC 445.730) that are 

being retained in the SIP. 

SUMMARY: EPA is finalizing full approval 

of revisions to the Nevada Department 

of Conservation and Natural Resources 

portion of the Nevada State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

March 12, 2007 (72 FR 10960), and 

approves amended visible emissions 

and particulate matter regulations as 

well as requests for rescission of certain 

regulations related to visible emissions 

and particulate matter. The intended 

effect is to approve regulations for 

inclusion into the applicable plan and 

to rescind unnecessary provisions from 

the applicable plan. We are approving 

these regulations and rescissions in 

order to regulate emission sources under 

the Clean Air Act as amended in 1990 

(CAA or the Act) and to update the 

applicable SIP. 

DATES: Effective Date: This rule is 

effective on June 7, 2007. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2006–0635 for 

this action. The index to the docket is 

available electronically at http:// 

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: Julie 

A. Rose, EPA Region IX, (415) 947–

4126, rose.julie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On March 12, 2007 (72 FR 10960), 

EPA proposed approval of the 

provisions of chapter 445B of the 

Nevada Administrative Code (NAC) 

listed below. 

TABLE 1.—AMENDED RULES SUBMITTED FOR APPROVAL INTO THE SIP 

NAC No. NAC title Adopted Submitted 

445B.22017 ....... Visible emissions: Maximum opacity; determination. (Effective April 1, 2006.) .............................. 10/04/05 01/12/06 

445B.2202 ......... Visible emissions: Exceptions for stationary sources. (Effective April 1, 2006.) ............................ 10/04/05 01/12/06 

445B.22027 ....... Emissions of particulate matter: Maximum allowable throughput for calculating emissions rates 01/22/98 01/12/06

445B.2203 ......... Emissions of particulate matter: Fuel-burning equipment ............................................................... 09/09/99 01/12/06 

445B.22033 ....... Emissions of particulate matter: Sources not otherwise limited ...................................................... 01/22/98 01/12/06 

445B.22037 ....... Emissions of particulate matter: Fugitive dust ................................................................................. 10/03/95 01/12/06 

Table 2 lists two related rules in the 

existing SIP for which the Nevada 

Division of Environmental Protection 

(NDEP) has requested rescission. On 

March 12, 2007 we also proposed to 

approve these rescissions, deleting these 

rules from the applicable SIP. 

TABLE 2.—RELATED SIP RULES FOR WHICH THE STATE HAS REQUESTED RESCISSION

SIP provision Title Submittal 

date 

Approval 

date 

NAQR Article 16.3.3.1 .................. Opacity from kilns ................................................................................................. 12/29/78 06/18/82 

NAC 445.535 ................................ Kilogram-calorie .................................................................................................... 10/26/82 03/27/84 

We proposed to approve these 

regulations and rescissions because we 

determined that they complied with the 

relevant CAA requirements. Our 

proposed action contains more 

information on the regulations and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received comments from 

Jennifer L. Carr, Chief, Bureau of Air 

Quality Planning, Nevada Division of 

Environmental Protection (NDEP), by 

letter dated April 10, 2007. In its 

comment letter, NDEP calls for 

correction of two specific errors found 

in EPA’s Technical Support Document 

(TSD) (dated February 9, 2007) for the 

proposed rule. With respect to the first 

error noted by NDEP, we agree that the 

correct effective date for the second of 

the three submitted versions of NAC 

445B.2202 is March 1, 2006, not March 

2, 2006 as incorrectly cited in the TSD. 

With respect to the second error, we 

agree that the correct units for power 

plant particulate matter emissions 

standards under the applicable NSPS 

are ‘‘lb/MMBtu,’’ not ‘‘MMBtu/hour’’ as 

incorrectly cited in the TSD. While we 

agree with the technical corrections 

identified by the commenter, they do 

not substantively affect the basis for our 

action. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules as 

described in our proposed action. 

Therefore, as authorized in sections 

110(k)(3) of the Act, EPA is finalizing 

the approval of the provisions listed in 

Table 1 and also finalizing the approval 

of the rescission requests for the 

provisions listed in Table 2. This action 

incorporates the six submitted rules into 

the federally-enforceable SIP 1 and 

rescinds NAQR Article 16.3.3.1 and 

NAC 445.535 therefrom. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 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 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 25973 

22, 2001). This action merely approves 

state rules as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 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 approves pre-existing 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 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 

approves 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 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 approves a state rule 

implementing a Federal standard. 

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 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.). 

The Congressional Review Act, 5 

U.S.C. section 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 rule 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 July 9, 2007. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 19, 2007. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

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

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart DD—Nevada 

■ 2. Section 52.1470 is amended by: 

■ a. Adding paragraphs (c)(14)(x) and 

(c)(25)(iv); 

■ b. Revising paragraphs 

(c)(56)(i)(A)(3)(i), (ii), and (iii); and 

■ c. Adding paragraph 

(c)(56)(i)(A)(3)(viii) to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(14) * * * 

(x) Previously approved on June 18, 

1982 in paragraph (c)(14)(viii) of this 

section and now deleted without 

replacement: Article 16: Rules 16.3.3.1. 

* * * * * 

(25) * * * 

(iv) Previously approved on March 27, 

1984 in paragraph (c)(25)(i)(A) of this 

section and now deleted without 

replacement: Nevada Administrative 

Code (NAC) section: 445.535. 

* * * * * 

(56) * * * 

(i) * * * 

(A) * * * 

(3) * * * 

(i) October 3, 1995: 445B.005, 

445B.059, 445B.077, 445B.112, 

445B.116, 445B.130, 445B.145, 

445B.152, 445B.177, 445B.180, and 

445B.22037. 

(ii) January 22, 1998: 445B.011, 

445B.0425, 445B.058, 445B.22027, and 

445B.22033. 

(iii) September 9, 1999: 445B.2203 

and 445B.22047. 

* * * * * 

(viii) October 4, 2005: 445B.22017 

(effective April 1, 2006) and 445B.2202 

(effective April 1, 2006). 

* * * * * 

[FR Doc. E7–8693 Filed 5–7–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0827; FRL–8302–9] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Environmental Services Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Maricopa County Environmental 

Services Department (MCESD) portion 

of the Arizona State Implementation 

Plan (SIP). This revision concerns 

particulate matter (PM–10) emissions 

from open burning. We are approving a 

local rule under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on July 9, 

2007 without further notice, unless EPA 

receives adverse comments by June 7, 

2007. If we receive such comments, we 

will publish a timely withdrawal in the 


cprice-sewell on PROD1PC66 with RULES