82 FR 27622 - Approval of Nevada Air Plan Revisions, Clark County Department of Air Quality and Washoe County Health District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 115 (June 16, 2017)
Federal Register Volume 82, Issue 115 (June 16, 2017)
| Page Range | 27622-27624 | |
| FR Document | 2017-12470 |
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)] [Rules and Regulations] [Pages 27622-27624] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12470] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0653; FRL-9963-43-Region 9] Approval of Nevada Air Plan Revisions, Clark County Department of Air Quality and Washoe County Health District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Clark County Department of Air Quality (CCDAQ) and Washoe County Health District (WCHD) portions of the Nevada State Implementation Plan (SIP). These revisions concern emissions of particulate matter (PM) from fugitive dust and wood burning. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: These rules are effective on July 17, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2016-0683. All [[Page 27623]] documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On March 10, 2017 (82 FR 13278), the EPA proposed to approve the following rules into the Nevada SIP. ---------------------------------------------------------------------------------------------------------------- Adopted/ Local agency Rule No. Rule title amended/ Submitted revised ---------------------------------------------------------------------------------------------------------------- WCHD.............................. 010.000 Definitions................. 05/26/16 08/15/16 WCHD.............................. 040.051 Wood-Burning Devices........ 05/26/16 08/15/16 CCDAQ............................. 26 Emission of Visible Air 05/05/16 06/29/15 Contaminants. ---------------------------------------------------------------------------------------------------------------- CCDAQ Rule 26 was revised to reference EPA Test Method 9 to determine compliance. WCHD Rules 010.000 and 040.051 were revised to add requirements from another WCHD rule and from national wood heater requirements. We proposed to approve these revised rules because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments. III. EPA Action No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these rules into the Nevada SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the WCHD and CCDAQ rules described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. 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, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 [[Page 27624]] of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 15, 2017. 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. 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: May 23, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, 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. In Sec. 52.1470(c), Table 3 is amended by revising the entry for ``Section 26:'' and Table 7 is amended by revising the entries for ``010.000'' and ``040.051'' to read as follows: Sec. 52.1470 Identification of plan. * * * * * (c) * * * Table 3--EPA-Approved Clark County Regulations ---------------------------------------------------------------------------------------------------------------- County Additional County citation Title/subject effective date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- * * * * * * Section 26..................... Emission of Visible Air 05/05/2016 [INSERT Federal Submitted on June Contaminants. Register 29, 2015. CITATION], 06/16/ 2017. ---------------------------------------------------------------------------------------------------------------- * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * Table 7--EPA-Approved Washoe County Regulations ---------------------------------------------------------------------------------------------------------------- District Additional District citation Title/subject effective date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * ---------------------------------------------------------------------------------------------------------------- 010.000........................ Definitions............ 05/26/2016 [INSERT Federal Submitted on August Register 15, 2016. CITATION], 06/16/ 2017. ---------------------------------------------------------------------------------------------------------------- * * * * * * ---------------------------------------------------------------------------------------------------------------- 040.051........................ Wood-Burning Devices... 05/26/2016 [INSERT Federal Submitted on August Register 15, 2016. CITATION], 06/16/ 2017. ---------------------------------------------------------------------------------------------------------------- * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-12470 Filed 6-15-17; 8:45 am] BILLING CODE 6560-50-P
![27622 Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations
closed school discharge. Postponing the • § 685.300(b)(11), (b)(12), and (d) Register by using the article search
effectiveness of the final regulations will through (i) Agreements between an feature at: www.Federal Register.gov.
help to avoid these significant costs to eligible school and the Secretary for Specifically, through the advanced
the Federal government and ultimately participation in the Direct Loan search feature at this site, you can limit
the Federal taxpayer. Program. your search to documents published by
Separately, the Department is • § 685.308(a) Remedial actions. the Department.
announcing its plan to review and We do not intend to postpone the
effectiveness of the regulatory List of Subjects
revise the regulations through the
negotiated rulemaking process required provisions published in 81 FR 75926 34 CFR Part 668
under section 492 of the HEA. The which: (1) Expand the types of
Administrative practice and
postponement will allow the documentation that may be used for the
procedure; Colleges and universities;
Department to consider and conduct a granting of a discharge based on the
death of the borrower; (2) amend the Consumer protection; Grant programs—
rulemaking process to review and revise education; Loan programs—education;
the final regulations and ensures regulations governing the consolidation
of Nursing Student Loans and Nurse Reporting and recordkeeping
regulated parties will not incur costs requirements; Selective Service System;
that could be eliminated under any Faculty Loans so that they align with
the statutory requirements of section Student aid; Vocational education.
future regulations the Department
promulgates on these matters. 428C(a)(4)(E) of the HEA; (3) address 34 CFR Part 674
Based upon the foregoing, the severability; and (4) make technical Loan programs—education; Reporting
Department has determined that it is corrections. As established in 81 FR and recordkeeping; Student aid.
necessary to postpone the effectiveness 75926, §§ 682.211(i)(7) and
of the revisions to or additions of the 682.410(b)(6)(viii) remain designated for 34 CFR Parts 682 and 685
following provisions of the final early implementation, at the discretion Administrative practice and
regulations: of each lender or guaranty agency. procedure; Colleges and universities;
• § 668.14(b)(30), (31), and (32) In sum, in light of the existence and Loan programs—education; Reporting
Program participation agreement. potential consequences of the pending and recordkeeping requirements;
• § 668.41(h) and (i) Reporting and litigation, and given the potentially Student aid; Vocational education.
disclosure of information. significant harm that could result if the
status quo is altered by the Dated: June 13, 2017.
• § 668.71(c) Scope and special
implementation of the final regulations Betsy DeVos,
definitions.
• § 668.90(a)(3) Initial and final on July 1, 2017, the Department has Secretary of Education.
decisions. determined that the public interest and [FR Doc. 2017–12562 Filed 6–14–17; 11:15 am]
• § 668.93(h), (i), and (j) Limitation. justice require postponing the BILLING CODE 4000–01–P
• § 668.171 General. effectiveness of the sections of the final
• § 668.175(c), (d), (f), and (h) regulations specified herein until the
Alternative standards and requirements. matters raised in the litigation are ENVIRONMENTAL PROTECTION
• Part 668 subpart L, Appendix C. resolved. AGENCY
• § 674.33(g)(3) and (g)(8) Repayment. In order to accomplish a
• § 682.202(b)(1) Permissible charges postponement of certain sections of the 40 CFR Part 52
by lenders to borrowers. final regulations under section 705 of
[EPA–R09–OAR–2016–0653; FRL–9963–43–
• § 682.211(i)(7) Forbearance. the APA, the Department is delaying the Region 9]
• § 682.402(d)(3), (d)(6)(ii)(B)(1) and effective date of the sections specified in
(2), (d)(6)(ii)(F) introductory text, the DATES and SUPPLEMENTARY Approval of Nevada Air Plan
(d)(6)(ii)(F)(5), (d)(6)(ii)(G), (d)(6)(ii)(H) INFORMATION sections of this document Revisions, Clark County Department of
through (K), (d)(7)(ii) and (iii), (d)(8), pursuant to the Federal Register Act Air Quality and Washoe County Health
and (e)(6)(iii) Death, disability, closed and its implementing regulations. District
school, false certification, unpaid Accessible Format: Individuals with
refunds, and bankruptcy payments. disabilities may obtain this document in AGENCY: Environmental Protection
• § 682.405(b)(4)(ii) Loan an accessible format (e.g., Braille, large Agency (EPA).
rehabilitation agreement. print, audiotape, or compact disc) on ACTION: Final rule.
• § 682.410(b)(4) and (b)(6)(viii) request to the contact person listed
under FOR FURTHER INFORMATION SUMMARY: The Environmental Protection
Fiscal, administrative, and enforcement
CONTACT.
Agency (EPA) is taking final action to
requirements.
approve revisions to the Clark County
• § 685.200(f)(3)(v) and (f)(4)(iii) Electronic Access to this Document:
The official version of this document is Department of Air Quality (CCDAQ) and
Borrower eligibility.
• § 685.205(b)(6) Forbearance. the document published in the Federal Washoe County Health District (WCHD)
• § 685.206(c) Borrower Register. Free internet access to the portions of the Nevada State
responsibilities and defenses. official edition of the Federal Register Implementation Plan (SIP). These
• § 685.212(k) Discharge of a loan and the Code of Federal Regulations is revisions concern emissions of
obligation. available via the Federal Digital System particulate matter (PM) from fugitive
• § 685.214(c)(2), (f)(4) through (7) at: www.gpo.gov/fdsys. At this site, you dust and wood burning. We are
Closed school discharge. can view this document, as well as all approving local rules that regulate these
• § 685.215(a)(1), (c)(1) through (c)(8), emission sources under the Clean Air
nlaroche on DSK30NT082PROD with RULES
other documents of this Department
and (d) Discharge for false certification published in the Federal Register, in Act (CAA or the Act).
of student eligibility or unauthorized text or PDF. To use PDF, you must have DATES: These rules are effective on July
payment. Adobe Acrobat Reader, which is 17, 2017.
• § 685.222 Borrower defenses. available free at the site. ADDRESSES: The EPA has established a
• Part 685 subpart B, Appendix A You may also access documents of the docket for this action under Docket ID
Examples of borrower relief. Department published in the Federal No. EPA–R09–OAR–2016–0683. All
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![27624 Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations
of the United States. The EPA will not affect the finality of this action for PART 52—APPROVAL AND
submit a report containing this action the purposes of judicial review nor does PROMULGATION OF
and other required information to the it extend the time within which a IMPLEMENTATION PLANS
U.S. Senate, the U.S. House of petition for judicial review may be filed,
Representatives, and the Comptroller and shall not postpone the effectiveness ■ 1. The authority citation for part 52
General of the United States prior to of such rule or action. continues to read as follows:
publication of the rule in the Federal List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
Register. A major rule cannot take effect
until 60 days after it is published in the Environmental protection, Air
Subpart DD—Nevada
Federal Register. This action is not a pollution control, Incorporation by
‘‘major rule’’ as defined by 5 U.S.C. reference, Intergovernmental relations,
Particulate matter, Reporting and ■ 2. In § 52.1470(c), Table 3 is amended
804(2). by revising the entry for ‘‘Section 26:’’
recordkeeping requirements.
Under section 307(b)(1) of the Clean and Table 7 is amended by revising the
Dated: May 23, 2017. entries for ‘‘010.000’’ and ‘‘040.051’’ to
Air Act, petitions for judicial review of
this action must be filed in the United Alexis Strauss, read as follows:
States Court of Appeals for the Acting Regional Administrator, Region IX.
§ 52.1470 Identification of plan.
appropriate circuit by August 15, 2017. Part 52, Chapter I, Title 40 of the Code
Filing a petition for reconsideration by of Federal Regulations is amended as * * * * *
the Administrator of this final rule does follows: (c) * * *
TABLE 3—EPA-APPROVED CLARK COUNTY REGULATIONS
County Additional
County citation Title/subject effective EPA approval date explanation
date
* * * * * *
Section 26 ......................... Emission of Visible Air Contaminants ........................ 05/05/2016 [INSERT Federal Reg- Submitted on
ister CITATION], 06/16/ June 29,
2017. 2015.
* * * * * *
* * * * *
TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS
District Additional
District citation Title/subject effective EPA approval date explanation
date
* * * * * *
010.000 ............................. Definitions ................................................................... 05/26/2016 [INSERT Federal Reg- Submitted on
ister CITATION], 06/16/ August 15,
2017. 2016.
* * * * * *
040.051 ............................. Wood-Burning Devices ............................................... 05/26/2016 [INSERT Federal Reg- Submitted on
ister CITATION], 06/16/ August 15,
2017. 2016.
* * * * * *
* * * * *
[FR Doc. 2017–12470 Filed 6–15–17; 8:45 am]
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BILLING CODE 6560–50–P
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Document Created: 2017-06-16 00:52:19
Document Modified: 2017-06-16 00:52:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | These rules are effective on July 17, 2017. | |
| Contact | Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected] | |
| FR Citation | 82 FR 27622 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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