62846 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 24, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as set 

forth below: 

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 AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by revising the entry 

under ‘‘Chapter 6—Air Quality 

Standards, Definitions, Sampling and 

Reference Methods, and Air Pollution 

Control Regulations for the State of 

Missouri’’ for ‘‘10–6.400’’ to read as 

follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri 

citation Title 

State 

effective 

date 

EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.400 ....... Restrictions of Emission of Particulate Matter 

from Industrial Processes.

06/27/13 10/21/14 [Insert Federal Register citation].

*******

* * * * * 

[FR Doc. 2014–24760 Filed 10–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0711; FRL–9917–81– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

applicable state implementation plan for 

the State of Nevada submitted by the 

Nevada Division of Environmental 

Protection. The revisions include 

amended State rules related to 

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. EPA is taking action 

under the Clean Air Act obligation to 

take action on State submittals of 

revisions to state implementation plans. 

The intended effect of the approval is to 

fix deficiencies in the previouslyapproved version of the permitting rules 

and to ensure that new or modified 

stationary sources do not interfere with 

attainment or maintenance of the 

national ambient air quality standards. 

DATES: This rule is effective on 

December 22, 2014 without further 

notice, unless EPA receives adverse 

comments by November 20, 2014. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0711, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Laura Yannayon 

(AIR–3), 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 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 email. 

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 email 

directly to EPA, your email 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 


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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62847 

1We note that the stationary source permitting 

rules that are the subject of this rule are not related 

to the requirements for pre-construction 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. 

2By letter dated January 28, 2014, NDEP 

withdrew amended versions of NAC sections 

445B.308 and 445B.311 that had been submitted on 

January 3, 2014 from EPA consideration as 

revisions to the Nevada SIP, but, by letter dated 

September 17, 2014, NDEP reinstated the January 3, 

2014 submittal of NAC 445B.308. 

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, 75 

Hawthorne Street (AIR–3), San 

Francisco, CA 94105, phone number 

(415) 972–3534 or by email at 

yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

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

Table of Contents 

I. The State’s Submittals 

A. Which rules did the state submit? 

B. What is the regulatory context? 

C. What is the purpose of this direct final 

rule? 

II. EPA’s Evaluation 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

III. Public Comment and Final Action 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittals 

A. Which rules did the State submit? 

On January 3, 2014, the Nevada 

Division of Environmental Protection 

(NDEP) submitted a revision to the 

Nevada State Implementation Plan (SIP) 

to EPA for approval under section 

110(k) of the Clean Air Act (CAA or 

‘‘Act’’). NDEP’s submittal includes 

certain amended State rules [i.e., certain 

sections of Nevada Administrative Code 

(NAC)] that relate to applications for, 

and issuance of, permits for stationary 

sources [a process referred to herein as 

‘‘New Source Review’’ (NSR)].1 The 

specific amended rules submitted on 

January 3, 2014 are NAC sections 

445B.22097 (‘‘Standards of quality for 

ambient air’’) and 445B.308 

(‘‘Prerequisites and conditions for 

issuance of certain operating permits; 

compliance with applicable state 

implementation plan’’).2 In addition to 

the amended rules, NDEP’s January 3, 

2014 submittal contains evidence of 

public notice and adoption of the 

amendments to the rules by the Nevada 

State Environmental Commission (SEC) 

on December 4, 2013, and a copy of the 

filing by the Legislative Counsel Bureau 

of the amended rules with the Nevada 

Secretary of State on December 23, 2013 

making the amendments effective on 

that date. 

On June 5, 2014, NDEP submitted a 

second SIP revision including further 

amendments to NAC section 

445B.22097 (‘‘Standards of quality for 

ambient air’’) and amendments to NAC 

section 445B.311 (‘‘Environmental 

evaluation: Contents; consideration of 

good engineering practice stack 

height’’). We consider the June 5, 2014 

submittal of NAC section 445B.22097 as 

superseding the submittal of that rule on 

January 3, 2014. NDEP’s June 5, 2014 

submittal includes a technical support 

document in which NDEP provides its 

explanation for how the amended rules 

meet CAA requirements. NDEP’s June 5, 

2014 submittal also contains evidence of 

public notice and adoption of the 

amendments to the rules by the Nevada 

SEC on May 2, 2014. On July 15, 2014, 

NDEP provided documentation that the 

most recent amendments to NAC 

sections 445B.22097 and 445B.311 were 

filed by the Legislative Counsel Bureau 

with the Nevada Secretary of State on 

June 23, 2014 and are thus in effect as 

of that date. 

Table 1 below lists the rules that were 

submitted by NDEP on January 3, 2014 

and June 5, 2014 and on which EPA is 

taking action today. The three submitted 

rules represent updated versions of 

rules already approved into the Nevada 

SIP. We last approved NAC section 

445B.22097 at 71 FR 15040 (March 27, 

2006), and last approved NAC sections 

445B.308 and 445B.311 at 77 FR 59321 

(September 27, 2012). Upon the 

effective date of today’s final action, the 

versions of the rules that we previously 

approved will be superseded in the 

applicable SIP by the versions of the 

rules approved today. 

TABLE 1—NSR RULES SUBMITTED BY NDEP 

Submitted rule Title Amended 

date 

Submittal 

date 

NAC 445B.22097 ....................... Standards of quality for ambient air ....................................................................... 05/02/14 06/05/14 

NAC 445B.308 ........................... Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan.12/04/13 01/03/14 

NAC 445B.311 ........................... Environmental evaluation: Contents; consideration of good engineering practice 

stack height.

05/02/14 06/05/14 

B. What is the regulatory context? 

Under sections 107 and 109 of the 

CAA, the EPA establishes national 

ambient air quality standards (NAAQS 

or standards) and designates all areas of 

the country as attainment, 

nonattainment, or unclassifiable for the 

various NAAQS. To date, EPA has 

established NAAQS for such pervasive 

pollutants as ozone, carbon monoxide, 

nitrogen dioxide (NO2), sulfur dioxide 

(SO2), particulate matter, and lead (Pb). 

With respect to particulate matter, EPA 

has established NAAQS for particulate 

matter with an aerodynamic diameter 

generally less than or equal to 10 

microns (PM10) and for particulate 

matter with an aerodynamic diameter 

generally less than or equal to 2.5 

microns (PM2.5). Under section 110 of 

the CAA, each state is required to 

develop a state implementation plan 

(SIP) to implement, maintain, and 

enforce the NAAQS. 

Among the content requirements for 

SIPs is the requirement to develop and 

submit (for EPA approval) a program to 

provide for the regulation of the 

modification and construction of any 

stationary source as necessary to assure 

that the NAAQS are achieved, including 

a permit program as required in parts C 

and D of title I of the CAA. See CAA 

section 110(a)(2)(C). The permit 

programs required under parts C and D 

of title I of the CAA are referred to as 


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3 In 1997 (62 FR 38652, July 18, 1997), EPA first 

established annual and 24-hour PM2.5 NAAQS of 15 

micrograms per cubic meter (mg/m3) and 65 mg/m3, 

respectively. In 2006 (71 FR 61144, October 17, 

2006), EPA lowered the 24-hour PM2.5 NAAQS to 

35 mg/m3. For simplicity, we refer herein to the 

1997 annual PM2.5 and 2006 24-hour PM2.5 NAAQS 

collectively as the ‘‘2006 PM2.5 NAAQS.’’ In 2008 

(73 FR 66964, November 12, 2008), EPA lowered 

the Pb NAAQS to 0.15 mg/m3, rolling 3-month 

average (referred to herein as the ‘‘2008 Pb 

NAAQS’’). 

4 In 2010 (75 FR 6474, February 9, 2010), EPA 

established a one-hour NO2 NAAQS of 100 parts 

per billion (ppb), which is equivalent to 188 mg/m3

(referred to herein as the ‘‘2010 NO2 NAAQS’’). 

Also in 2010 (75 FR 35520, June 22, 2010), EPA 

established a one-hour SO2 NAAQS of 75 ppb, 

which is equivalent to 196 mg/m3 (referred to herein 

as the ‘‘2010 SO2 NAAQS’’). 

5 In 2008 (73 FR 16436, March 27, 2008), EPA 

lowered the 8-hour ozone NAAQS to 0.075 parts 

per million (ppm) (referred to herein as the ‘‘2008 

ozone NAAQS’’). 

6CAA 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. 

7 In South Coast Air Quality Management Dist. v. 

EPA, 472 F.3d 882 (D.C. Cir. 2006) re’g denied 489 

F.3d 1245 (clarifying that the vacatur was limited 

to the issues on which the court granted the 

petitions for review), the D.C. Circuit Court of 

Appeals vacated EPA’s classification of certain 

nonattainment areas for the 1997 8-hour ozone 

NAAQS solely under subpart 1 of part D of title I 

of the CAA. In this context, subpart 1 areas refer 

to ‘‘basic’’ ozone nonattainment areas. Since the 

South Coast decision, EPA has replaced the subpart 

1 (i.e., ‘‘basic’’) ozone classifications for the 1997 

ozone NAAQS with subpart 2 classifications (e.g., 

‘‘marginal,’’ moderate,’’ or ‘‘serious’’). See 77 FR 

28424 (May 14, 2012). 

the Prevention of Significant 

Deterioration (PSD) permit program and 

the Nonattainment New Source Review 

(NNSR) permit program, respectively. 

Collectively, the PSD and NNSR 

programs constitute a state’s ‘‘major 

source’’ permit program, under which 

applications for construction and 

operation of new major stationary 

sources and major modifications of such 

sources are reviewed for compliance 

with the PSD and NNSR requirements. 

New or modified stationary sources that 

are not major sources or major 

modifications are referred to as minor 

sources (or minor modifications), and 

the program for review of the 

applications for construction and 

operation of such sources is referred to 

as the minor source permit program or 

‘‘minor NSR.’’ Today’s action relates to 

three rules promulgated by the Nevada 

SEC as part of the State of Nevada’s 

minor NSR program, which is 

administered by NDEP. NDEP’s 

stationary source jurisdiction extends 

statewide with respect to power plants 

which generate electricity by using 

steam produced by the burning of fossil 

fuel, but does not include Clark or 

Washoe counties with respect to all 

other stationary sources. 

Over the years, the State of Nevada 

has adopted and implemented, and EPA 

has approved, rules governing minor 

NSR. Our most recent action on 

Nevada’s minor source NSR rules was 

published on September 27, 2012 (77 FR 

59321). In the September 27, 2012 final 

rule, we issued a limited approval and 

limited disapproval of a comprehensive 

update to the State’s minor source NSR 

rules. We did so because, although we 

found that the new or amended rules 

met most of the applicable requirements 

for such NSR programs and that the 

rules improved the existing SIP, we also 

found certain deficiencies that 

prevented full approval. Specifically, 

we indicated that the minor NSR rules 

did not address the new or revised 

NAAQS for PM2.5 and Pb and must be 

revised accordingly.3 In addition, we 

recognized that EPA had recently 

established new or revised NAAQS for 

NO2 and SO2,4 and while the State still 

had additional time to amend its NSR 

rules to address the revised NAAQS for 

these pollutants, we encouraged the 

Nevada SEC to make any necessary 

revisions to the State’s NSR rules to 

address the revised NAAQS for those 

two pollutants as well, and the NDEP to 

submit the NSR rules, as revised, to us 

as a SIP revision. 

C. What is the purpose of this direct 

final rule? 

The Nevada SEC amended NAC 

section 445B.308 to eliminate an 

outdated provision and to renumber the 

paragraphs in the rule accordingly. The 

Nevada SEC amended NAC sections 

445B.22097 and 445B.311 to ensure that 

the new or revised NAAQS for PM2.5, 

Pb, NO2 and SO2 are taken into account 

in minor NSR permitting decisions. The 

Nevada SEC also updated NAC section 

445B.22097 to reflect the most recent 

ozone NAAQS.5 The purpose of this 

direct final rule is to present our 

evaluation under the CAA and EPA’s 

regulations of the amended NSR rules 

submitted by NDEP on January 3, 2014 

and June 5, 2014. 

II. EPA’s Evaluation 

A. How is EPA evaluating the rules? 

EPA has reviewed the rules submitted 

on January 3, 2014 and June 5, 2014 for 

compliance with the CAA requirements 

for SIPs in general set forth in CAA 

section 110(a)(2), for compliance with 

applicable EPA regulations for 

stationary source permitting programs 

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).6 As 

described below, EPA has found that the 

amended rules meet all applicable 

requirements and is thus taking direct 

final action to approve them as revisions 

to the Nevada SIP. 

B. Do the rules meet the evaluation 

criteria? 

As to procedural requirements for 

SIPs and SIP revisions, we find that, 

based on our review of the public 

participation documentation included 

in the January 3, 2014 and June 5, 2014 

submittals, NDEP has provided 

sufficient evidence of public notice and 

opportunity for comment and hearing 

prior the adoption and submittal to EPA 

of the rules that are the subject of 

today’s action. 

As to the substantive requirements, 

we start with the amendments to NAC 

section 445B.308, which include 

deletion of a paragraph that had not 

been submitted as part of the Nevada 

SIP but had established NSR 

requirements for applicants for permits 

for certain new sources or modifications 

proposed to be located in ‘‘basic’’ ozone 

nonattainment areas. The deletion of 

NSR requirements for sources or 

modifications in ‘‘basic’’ ozone 

nonattainment areas is acceptable 

because there are no such areas in the 

State of Nevada, and given court 

precedent,7 there will not likely be any 

such areas in Nevada in the future, and 

thus the provisions that have been 

deleted from NAC 445B.308 are not 

necessary to meet CAA requirements. 

Second, we have considered the 

amendments to NAC sections 

445B.22097 and 445B.311 in relation to 

40 CFR 51.160(a), which requires, in 

connection with NSR, each SIP to set 

forth legally enforceable procedures that 

enable the State to determine whether 

the construction or modification of a 

stationary source will result in, among 

other impacts, interference with 

attainment or maintenance of the 

NAAQS. EPA regulations also require 

SIPs to include enforceable procedures 

under which the State agency 

responsible for final decision-making on 

NSR permits will prevent such 

construction or modification if it will 

interfere with attainment or 

maintenance of the NAAQS. See 40 CFR 

51.160(b). 

To address these requirements for 

minor stationary sources in the Nevada 

SIP, NAC sections 445B.310 and 

445B.311 require permit applicants to 

prepare environmental evaluations that 

contain dispersion analyses showing the 

effect of the source on the quality of the 


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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62849 

8On December 14, 2012, the EPA Administrator 

signed a final rule that lowered the annual PM2.5

NAAQS to 12.0 mg/m3 (referred to herein as the 

‘‘2012 PM2.5 NAAQS’’). See 78 FR 3086 (January 15, 

2013). Submittals by states of SIP revisions to 

address the 2012 PM2.5 NAAQS, including revisions 

related to minor NSR, are not due until 2016. 

9See the industrial boiler combusting residual oil 

and the reciprocating internal combustion engine 

(ICE) combusting natural gas scenarios for the first 

type of result, and the wood-fired boiler scenario for 

the second type of result, in NDEP’s ‘‘Technical 

Support Document for Nevada State 

Implementation Plan Revisions Addressing Minor 

Source Permitting Program.’’ 

10We also note that Nevada law not only 

establishes the modeling threshold above which 

permit applicants of new sources or modifications 

must perform dispersion modeling but also 

provides NDEP with the authority to require 

applicants to submit ‘‘any other information the 

Director determines is necessary to make an 

independent air quality impact assessment.’’ NAC 

445B.308(1). Such ‘‘other information’’ may include 

dispersion modeling beyond that otherwise 

required if necessary to determine whether a new 

source or modification would interfere with 

attainment or maintenance of the NAAQS. 

ambient air, and NAC section 445B.308 

prohibits the issuance of a permit or 

revision for any stationary source if the 

Environmental Evaluation shows, or 

NDEP determines, that the stationary 

source will prevent the attainment and 

maintenance of the state or national 

ambient air quality standards, as 

established in NAC 445B.22097. Permit 

applicants are required to prepare and 

submit Environmental Evaluations for 

any new stationary source which emits, 

or has the potential to emit, greater than 

25 tons per year (tpy) of a regulated air 

pollutant; and, with respect to 

modifications, the existing stationary 

source has the potential to emit greater 

than 25 tpy of a regulated air pollutant, 

and the proposed modification has the 

potential to emit greater than 10 tpy of 

a regulated air pollutant. See NAC 

section 445B.310. 

NAC section 445B.22097 in turn lists 

the NAAQS and the Nevada ambient air 

quality standards (‘‘Nevada standards’’). 

With respect to the NAAQS, in our 

proposed rulemaking on the previous 

version of the minor NSR rules, 77 FR 

38557, at 38563 (June 28, 2012), we 

noted that NAC section 445B.22097 had 

not been updated since 1991 and thus 

did not include the new, revised, or 

revoked NAAQS since that time. 

Moreover, we noted that NAC section 

445B.22097 includes a note that states: 

‘‘The Director shall use the Nevada 

standards in considering whether to 

issue a permit for a stationary source 

and shall ensure that the stationary 

source will not cause the Nevada 

standards to be exceeded in areas where 

the general public has access.’’ The 

Nevada standards were equal to the 

NAAQS (i.e., as of 1991) for those 

pollutants for which both Nevada and 

EPA have established ambient 

standards, but, because the Nevada 

standards did not reflect the changes in 

the NAAQS since 1991, reliance on 

them for permitting purposes did not 

ensure protection of the new or revised 

NAAQS established since then, such as 

the 2006 PM2.5 NAAQS and the 2008 Pb 

NAAQS, as NDEP reviews permit 

applications for new or modified minor 

stationary sources. 

Thus, in our September 27, 2012 final 

rule, we concluded that the NSR rules 

must be revised to ensure protection of 

the 2006 PM2.5 and the 2008 Pb NAAQS. 

See 77 FR 59321, at 59325 (September 

27, 2012). We also encouraged the 

Nevada SEC to update NAC section 

445B.22097 to take into account the 

replacement of the 1-hour ozone 

NAAQS (0.12 ppm) with the 2008 ozone 

NAAQS, although we did not consider 

the failure to update the rule for ozone 

as a significant deficiency because, 

given the regional nature of ambient 

ozone concentrations, applicants for 

permits for new or modified minor 

stationary sources are typically not 

required to show, through dispersion 

modeling techniques, that the ozone 

precursor emissions from the source or 

modification would not violate the 

standard. See 77 FR 38557, at 38563 

(June 28, 2012). 

In response, the Nevada SEC updated 

the NAAQS and Nevada standards in 

NAC section 445B.22097 through 

amendments adopted on December 4, 

2013 and May 2, 2014, to reflect the 

2006 PM2.5 NAAQS, the 2008 ozone 

NAAQS, and the 2008 Pb NAAQS.8 As 

such, applicants of new stationary 

sources with potentials to emit more 

than 25 tpy of PM2.5, or modifications of 

such sources with potential to emit 

more than 10 tpy of PM2.5, must perform 

dispersion modeling to show the impact 

of the source or modification on 

ambient PM2.5 concentrations. 

In its June 5, 2014 SIP revision 

submittal, NDEP included a technical 

support document that provides an 

explanation of how the 25 tpy modeling 

threshold (10 tpy for modifications), as 

opposed to a lower threshold, ensure 

that new or modified sources do not 

interfere with attainment or 

maintenance of the PM2.5 NAAQS. First, 

after noting that the entire State of 

Nevada is ‘‘attainment/unclassifiable’’ 

for the PM2.5 NAAQS, NDEP describes 

the 25 tpy modeling threshold as 

protective of the NAAQS in that it has 

been set at one-quarter of the 100 tpy 

PSD major source threshold that applies 

to certain categories of sources (250 tpy 

is the major source threshold for other 

sources). In this regard, NDEP also notes 

that the modeling threshold for 

modifications (i.e., for sources with 

potentials to emit greater than 25 tpy) is 

10 tpy, the same as EPA’s PSD 

significant emission rate for PM2.5 (see 

40 CFR 51.166(b)(23)), which is 

presumed to be protective of the 

NAAQS. Second, NDEP provides a 

technical evaluation showing how three 

types of high-emitting stationary 

combustion sources (deemed ‘‘worstcase’’) would either trigger PSD 

permitting due to emissions of other 

criteria pollutants before reaching the 25 

tpy PM2.5 modeling threshold or would 

result (when emitting at 25 tpy) in 

concentrations that, together with 

background levels, would be well below 

the PM2.5 NAAQS.9 Third, NDEP 

documents the minor overall 

contribution of minor stationary sources 

(about 3% based on the 2011 NEI data) 

to the PM2.5 emissions inventory for the 

State of Nevada. 

We have reviewed the technical 

support document submitted with the 

June 5, 2014 SIP revision and agree with 

NDEP that the 25 tpy modeling 

threshold for PM2.5 (and 10 tpy for 

modifications) is protective of the PM2.5

NAAQS. In particular, we find the 25 

tpy modeling threshold (10 tpy for 

modifications) sufficiently protective of 

the PM2.5 NAAQS given the modeling 

results presented by NDEP, the low 

PM2.5 background concentrations, and 

the ‘‘unclassifiable/attainment’’ 

designation for the entire State of 

Nevada for the PM2.5 NAAQS (see 40 

CFR 81.329). We conclude that 

implementation of the 25 tpy modeling 

threshold (10 tpy for modifications) will 

provide NDEP with sufficient 

information to determine whether new 

minor sources or minor modifications 

will interfere with attainment or 

maintenance of the PM2.5 NAAQS and 

will thus allow NDEP to prevent the 

construction of such sources or 

modifications if the modeling analysis 

indicates that such interference would 

occur.10

The same holds true with respect to 

the new or modified sources of Pb and 

the 2008 Pb NAAQS, but for other 

reasons. With respect to Pb, the 25 tpy 

modeling threshold is significantly 

above the PSD significant emission rate 

of 0.6 tpy, but, unlike PM2.5, oxides of 

nitrogen (NOX), and SO2, Pb is not a 

typical product of combustion given the 

removal or minimization of Pb in nearly 

all fuels, with the exception of aviation 

gasoline used in piston-powered 

aircraft. Thus, there are few remaining 

stationary sources of Pb, and of those 

that remain, such as lead smelters and 

battery recycling, Pb emissions are 

likely to exceed 25 tpy and thus would 


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62850 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

11See 40 CFR 81.329. With respect to the 2010 

SO2 NAAQS, the EPA designated as nonattainment 

most areas in locations where existing monitoring 

data from 2009–2011 indicated violations of the 

NAAQS. See 78 FR 47191 (August 5, 2013). No 

such areas were designated within the State of 

Nevada. EPA has not completed the designation 

process for the 2010 SO2 NAAQS for areas other 

than those designated on August 5, 2013. 

12Upon the effective date of today’s final action, 

the versions of the rules that we are approving 

today will supersede NAC section 445B.22097, as 

approved at 71 FR 15040 (March 27, 2006), and 

NAC sections 445B.308 and 445B.311, as approved 

at 77 FR 59321 (September 27, 2012) in the 

applicable SIP. 

be subject to dispersion modeling to 

determine whether the source would 

interfere with attainment or 

maintenance of the 2008 Pb NAAQS. 

Lastly, in our September 27, 2014 

final rule, we noted that the deadline for 

submittal of NSR SIP revisions 

addressing the 2010 NO2 NAAQS and 

2010 SO2 NAAQS had not yet passed, 

but we encouraged the Nevada SEC to 

adopt and submit revised NSR rules to 

address these new NAAQS in a timely 

manner. To address these new NAAQS, 

the Nevada SEC adopted revisions to 

NAC 445B.22097 to update the NAAQS 

and Nevada standards listed in that rule 

to reflect the 2010 NO2 and 2010 SO2

NAAQS. Doing so has the effect of 

requiring applicants for sources or 

modifications with potentials to emit 

above certain levels to perform 

dispersion modeling to inform NDEP’s 

determination of whether such sources 

or modifications would interfere with 

these new NAAQS. For the purposes of 

dispersion analyses for the 2010 NO2

and 2010 SO2 NAAQS, the Nevada SEC 

revised NAC 445B.311 to specify 

modeling thresholds of 40 tpy for both 

new sources and modifications. The 40 

tpy is equivalent to the PSD significant 

emission rates for NOX and SO2, see 40 

CFR 51.166(b)(23). Moreover, NDEP’s 

technical support document shows that 

minor stationary sources contribute less 

than 3% and 6% to the State’s total 

emissions inventory of NOX and SO2, 

respectively, and correctly identifies the 

entire State as ‘‘attainment/

unclassifiable’’ for the 2010 NO2

NAAQS.11 In light of the designations 

and emissions inventory data, we agree 

with NDEP that use of the PSD 

significant emission rate is a reasonable 

threshold to distinguish sources and 

modifications that could potentially 

interfere with attainment or 

maintenance of the 2010 NO2 or SO2

NAAQS from those with de minimis 

effects, and will provide NDEP with 

sufficient information to determine 

whether new minor sources or minor 

modifications would interfere with the 

2010 NO2 and 2010 SO2 NAAQS. 

In summary, and for the reasons set 

forth above, we find that the State of 

Nevada has adequately addressed the 

previously-identified deficiencies in the 

minor source NSR rules and that the 

amended NSR rules meet the applicable 

requirements for NSR SIPs for all of the 

new or revised NAAQS for PM2.5, Pb, 

SO2 and NO2, other than the 2012 PM2.5

NAAQS for which NSR SIP revisions 

are not yet due. 

III. Public Comment and Final Action 

Pursuant to CAA section 110(k), and 

for the reasons provided above, EPA is 

taking direct final action to approve 

revisions to certain rules that relate to 

applications for, and issuance of, 

permits for stationary sources under the 

jurisdiction of the NDEP, excluding 

review and permitting of major sources 

and major modifications under parts C 

and D of title I of the CAA. Specifically, 

EPA is approving NAC section 

445B.308, as amended on December 4, 

2013, and NAC sections 445B.22097 and 

445B.311, as amended on May 2, 2014, 

because we find that the revisions fix 

the deficiencies in the previouslyapproved versions of the rules and 

adequately provide for new source 

review for the new or revised NAAQS 

for NO2 and SO2.12

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 revisions. If we 

receive adverse comments by November 

20, 2014, 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 

December 22, 2014. This will 

incorporate the amended rules into the 

federally enforceable 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 rules as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

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 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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62851 

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 December 22, 

2014. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, 

Lead, Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

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

Dated: September 29, 2014. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Chapter I, title 40 of the Code of 

Federal Regulations 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 DD—Nevada 

■ 2. Section 52.1470 in paragraph (c), 

Table 1 is amended by revising the 

entries for ‘‘445B.22097,’’ ‘‘445B.308, 

excluding paragraph (2)(d) and 

subsections (4), (5), and (10),’’ and 

‘‘445B.311.’’ 

The revisions read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED NEVADA REGULATIONS AND STATUTES

State 

citation 

Title/ 

subject 

State 

effective 

date 

EPA 

approval 

date 

Additional 

explanation 

*******

Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445, Air Controls, Air 

Pollution; Nevada Air Quality Regulations—General Provisions 

*******

445B.22097 .............................. Standards of quality for ambient air.6/23/14 [Insert Federal Register citation], 10/21/2014.Adopted Regulation of the 

State Environmental Commission, LCB File No. 

R145–13. The Nevada SEC 

amended NAC 445B.22097 

on May 2, 2014, and NDEP 

submitted it to EPA on June 

5, 2014. 

* * * * * * * 

Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution—Operating Permits Generally 

*******

445B.308, excluding paragraph 

(2)(d) and subsections (4) 

and (9).

Prerequisites and conditions 

for issuance of certain operating permits; compliance 

with applicable state implementation plan.

12/23/13 [Insert Federal Register citation], 10/21/2014.Adopted Regulation of the 

State Environmental Commission, LCB File No. 

R042–13. The Nevada SEC 

amended NAC 445B.308 on 

December 4, 2013, and 

NDEP submitted it to EPA 

on January 3, 2014. 

* * * * * * * 

445B.311 .................................. Environmental evaluation: 

Contents; consideration of 

good engineering practice 

stack height.

6/23/14 [Insert Federal Register citation], 10/21/2014.Adopted Regulation of the 

State Environmental Commission, LCB File No. 

R145–13. The Nevada SEC 

amended NAC 445B.311 on 

May 2, 2014, and NDEP 

submitted it to EPA on June 

5, 2014. 


asabaliauskas on DSK5VPTVN1PROD with RULES
62852 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

1See letter from Catharine Fitzsimmons, Chief of 

the Air Quality Bureau of IDNR to Karl Brooks, 

Regional Administrator of EPA Region 7, dated 

August 15, 2014, available in the Docket for today’s 

action. 

TABLE 1—EPA-APPROVED NEVADA REGULATIONS AND STATUTES—Continued 

State 

citation 

Title/ 

subject 

State 

effective 

date 

EPA 

approval 

date 

Additional 

explanation 

*******

* * * * * 

[FR Doc. 2014–24762 Filed 10–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0300; FRL–9918–15– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State 

Implementation Plan (SIP) revisions 

submitted by the State of Iowa for the 

purpose of approving the 2008, 2009, 

2011, 2012, and 2013 updates to the 

Linn County Air Quality Ordinance. 

EPA is approving Iowa’s request to 

include revisions to the Linn County Air 

Quality Ordinance, Chapter 10, because 

the revisions improve the stringency of 

the Iowa SIP. 

DATES: This direct final rule will be 

effective on December 22, 2014, without 

further notice, unless EPA receives 

adverse comment by November 20, 

2014. If EPA receives adverse comment, 

we will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2014–0300, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Algoe-eakin.amy@epa.gov. 

3. Mail or Hand Delivery: Amy AlgoeEakin, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2014– 

0300. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. 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 email 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 comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 excluding 

legal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Amy Algoe-Eakin, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219, at 

913–551–7942, or by email at Algoeeakin.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

What is being addressed in this 

document? 

The Iowa Department of Natural 

Resources (IDNR) requests EPA’s 

approval of the 2008, 2009, 2010, 2012, 

and 2013 revisions to the Linn County 

Air Quality Ordinance, Chapter 10, as a 

revision to the Iowa SIP. All changes 

were adopted by the Linn County Board 

of Supervisors for each of the years 

addressed with this action. Pursuant to 

a request from IDNR1, EPA is taking 

action on the 2008, 2009, 2010, 2013 

and 2013 revisions to the Linn County 

Air Quality Ordinance to the extent they 

are contained in the 2013 version of the 

Linn County Air Quality Ordinance. See 

the Technical Support Document in the 

docket for today’s action for further 

information. 

The following is a description of the 

2008 revisions to the Linn County Air 

Quality Ordinance, Chapter 10, which 

are subject to this approval action and 

consistent with the Federally-approved 

state rules: 

The following definitions are being 

added to the Linn County Air Quality 

Ordinance, Chapter 10.2 ‘‘Definitions’’: 

ASME, ASTM, Attainment area, 

Biodiesel fuel, Btu, Carbonaceous fuel, 

Criteria, Department, Diesel fuel, DNR, 

Electric furnace, Emission Unit, EPA 

conditional method, EPA reference 

method, Equipment, Excess air, Excess 

emission, Foundry cupola, Gas cleaning 

device, Goal, Heating value, IAC, 

Initiation of construction, installation or 

alteration, Level, New Source 

Performance Standards, Nonattainment 

area, Number 1 fuel oil/Number 2 fuel 

oil, Objective, Plan documents, PM10, 


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