[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62846-62852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24762]


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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.

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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 previously-approved 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: <a href="/cdn-cgi/l/email-protection#98caa1f9f1eae8fdeaf5f1ecebd8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="a4f69dc5cdd6d4c1d6c9cdd0d7e4c1d4c58ac3cbd2">[email protected]</span></a>.
    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

[[Page 62847]]

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 <a href="/cdn-cgi/l/email-protection#740d151a1a150d1b1a5a1815010615341104155a131b02"><span class="__cf_email__" data-cfemail="ceb7afa0a0afb7a1a0e0a2afbbbcaf8eabbeafe0a9a1b8">[email protected]</span></a>.

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.
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    \1\ We 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.
    \2\ By 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.
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    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
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                                                                                          Amended     Submittal
           Submitted rule                                   Title                           date         date
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NAC 445B.22097......................  Standards of quality for ambient air............     05/02/14     06/05/14
NAC 445B.308........................  Prerequisites and conditions for issuance of         12/04/13     01/03/14
                                       certain operating permits; compliance with
                                       applicable state implementation plan.
NAC 445B.311........................  Environmental evaluation: Contents;                  05/02/14     06/05/14
                                       consideration of good engineering practice
                                       stack height.
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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 
(NO<INF>2</INF>), sulfur dioxide (SO<INF>2</INF>), 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 (PM<INF>10</INF>) and for particulate 
matter with an aerodynamic diameter generally less than or equal to 2.5 
microns (PM<INF>2.5</INF>). 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

[[Page 62848]]

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 PM<INF>2.5</INF> and Pb and must 
be revised accordingly.\3\ In addition, we recognized that EPA had 
recently established new or revised NAAQS for NO<INF>2</INF> and 
SO<INF>2</INF>,\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.
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    \3\ In 1997 (62 FR 38652, July 18, 1997), EPA first established 
annual and 24-hour PM<INF>2.5</INF> NAAQS of 15 micrograms per cubic 
meter ([micro]g/m\3\) and 65 [micro]g/m\3\, respectively. In 2006 
(71 FR 61144, October 17, 2006), EPA lowered the 24-hour 
PM<INF>2.5</INF> NAAQS to 35 [micro]g/m\3\. For simplicity, we refer 
herein to the 1997 annual PM<INF>2.5</INF> and 2006 24-hour 
PM<INF>2.5</INF> NAAQS collectively as the ``2006 PM<INF>2.5</INF> 
NAAQS.'' In 2008 (73 FR 66964, November 12, 2008), EPA lowered the 
Pb NAAQS to 0.15 [micro]g/m\3\, 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 NO<INF>2</INF> NAAQS of 100 parts per billion (ppb), which 
is equivalent to 188 [micro]g/m\3\ (referred to herein as the ``2010 
NO<INF>2</INF> NAAQS''). Also in 2010 (75 FR 35520, June 22, 2010), 
EPA established a one-hour SO<INF>2</INF> NAAQS of 75 ppb, which is 
equivalent to 196 [micro]g/m\3\ (referred to herein as the ``2010 
SO<INF>2</INF> NAAQS'').
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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 PM<INF>2.5</INF>, 
Pb, NO<INF>2</INF> and SO<INF>2</INF> 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.
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    \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'').
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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.
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    \6\ CAA 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.
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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.
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    \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).
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    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

[[Page 62849]]

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 
PM<INF>2.5</INF> 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 
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 
PM<INF>2.5</INF>, or modifications of such sources with potential to 
emit more than 10 tpy of PM<INF>2.5</INF>, must perform dispersion 
modeling to show the impact of the source or modification on ambient 
PM<INF>2.5</INF> concentrations.
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    \8\ On December 14, 2012, the EPA Administrator signed a final 
rule that lowered the annual PM<INF>2.5</INF> NAAQS to 12.0 
[micro]g/m\3\ (referred to herein as the ``2012 PM<INF>2.5</INF> 
NAAQS''). See 78 FR 3086 (January 15, 2013). Submittals by states of 
SIP revisions to address the 2012 PM<INF>2.5</INF> NAAQS, including 
revisions related to minor NSR, are not due until 2016.
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    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 PM<INF>2.5</INF> NAAQS. First, 
after noting that the entire State of Nevada is ``attainment/
unclassifiable'' for the PM<INF>2.5</INF> 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 PM<INF>2.5</INF> (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 ``worst-case'') 
would either trigger PSD permitting due to emissions of other criteria 
pollutants before reaching the 25 tpy PM<INF>2.5</INF> modeling 
threshold or would result (when emitting at 25 tpy) in concentrations 
that, together with background levels, would be well below the 
PM<INF>2.5</INF> NAAQS.\9\ Third, NDEP documents the minor overall 
contribution of minor stationary sources (about 3% based on the 2011 
NEI data) to the PM<INF>2.5</INF> emissions inventory for the State of 
Nevada.
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    \9\ See 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.''
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    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 PM<INF>2.5</INF> (and 10 tpy for modifications) is 
protective of the PM<INF>2.5</INF> NAAQS. In particular, we find the 25 
tpy modeling threshold (10 tpy for modifications) sufficiently 
protective of the PM<INF>2.5</INF> NAAQS given the modeling results 
presented by NDEP, the low PM<INF>2.5</INF> background concentrations, 
and the ``unclassifiable/attainment'' designation for the entire State 
of Nevada for the PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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\
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    \10\ We 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.
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    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 PM<INF>2.5</INF>, 
oxides of nitrogen (NO<INF>X</INF>), and SO<INF>2</INF>, 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

[[Page 62850]]

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 
NO<INF>2</INF> NAAQS and 2010 SO<INF>2</INF> 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 
NO<INF>2</INF> and 2010 SO<INF>2</INF> 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 NO<INF>2</INF> and 2010 SO<INF>2</INF> 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 NO<INF>X</INF> and SO<INF>2</INF>, 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 NO<INF>X</INF> and SO<INF>2</INF>, 
respectively, and correctly identifies the entire State as 
``attainment/unclassifiable'' for the 2010 NO<INF>2</INF> 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 
NO<INF>2</INF> or SO<INF>2</INF> 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 NO<INF>2</INF> and 2010 SO<INF>2</INF> NAAQS.
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    \11\ See 40 CFR 81.329. With respect to the 2010 SO<INF>2</INF> 
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 SO<INF>2</INF> NAAQS for areas 
other than those designated on August 5, 2013.
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    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 PM<INF>2.5</INF>, Pb, SO<INF>2</INF> and 
NO<INF>2</INF>, other than the 2012 PM<INF>2.5</INF> 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 previously-approved versions of 
the rules and adequately provide for new source review for the new or 
revised NAAQS for NO<INF>2</INF> and SO<INF>2</INF>.\12\
---------------------------------------------------------------------------

    \12\ Upon 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.
---------------------------------------------------------------------------

    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:
    <bullet> 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);
    <bullet> does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

[[Page 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

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart DD--Nevada

0
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:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *

                              Table 1--EPA-Approved Nevada Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                            State
         State  citation              Title/ subject      effective     EPA approval date        Additional
                                                             date                                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      6/23/14  [Insert Federal       Adopted Regulation
                                    for ambient air.                   Register citation],   of the State
                                                                       10/21/2014.           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      Prerequisites and        12/23/13  [Insert Federal       Adopted Regulation
 (2)(d) and subsections (4) and     conditions for                     Register citation],   of the State
 (9).                               issuance of certain                10/21/2014.           Environmental
                                    operating permits;                                       Commission, LCB
                                    compliance with                                          File No. R042-13.
                                    applicable state                                         The Nevada SEC
                                    implementation plan.                                     amended NAC
                                                                                             445B.308 on
                                                                                             December 4, 2013,
                                                                                             and NDEP submitted
                                                                                             it to EPA on
                                                                                             January 3, 2014.
 
                                                  * * * * * * *
445B.311.........................  Environmental             6/23/14  [Insert Federal       Adopted Regulation
                                    evaluation:                        Register citation],   of the State
                                    Contents;                          10/21/2014.           Environmental
                                    consideration of                                         Commission, LCB
                                    good engineering                                         File No. R145-13.
                                    practice stack                                           The Nevada SEC
                                    height.                                                  amended NAC
                                                                                             445B.311 on May 2,
                                                                                             2014, and NDEP
                                                                                             submitted it to EPA
                                                                                             on June 5, 2014.
 

[[Page 62852]]

 
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* * * * *
[FR Doc. 2014-24762 Filed 10-20-14; 8:45 am]
BILLING CODE 6560-50-P


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