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19144 Federal Register / Vol. 73, No.

69 / Wednesday, April 9, 2008 / Rules and Regulations

History include certain definitions; prohibitory revisions, and disapproval of certain


The FAA published a direct final rule rules; provisions related to legal other revisions, to the Nevada state
with request for comments in the authority and enforcement; rules implementation plan (SIP) that had been
Federal Register February 15, 2008 (73 establishing opacity, sulfur and volatile submitted by the Nevada Division of
FR 8794), Docket No. FAA–2008–0004. organic compounds limits; and Environmental Protection (NDEP) on
The FAA uses the direct final rule rescission of abbreviations. EPA is January 12, 2006 and June 26, 2007.
procedure for non-controversial rules disapproving the rescission of a certain
definition and the rescission of a rule Specifically, in our December 14,
where the FAA believes that there will 2007 action, we proposed to approve the
be no adverse public comment. This related to emission discharge
information. EPA is taking this action amended rules or statutory provisions
direct final rule advised the public that shown in table 1. In today’s document,
no adverse comments were anticipated, under the Clean Air Act obligation to
take action on submittals of revisions to we are taking final action on the
and that unless a written adverse
state implementation plans. The effect provisions in table 1 as we had
comment, or a written notice of intent
to submit an adverse comment, was of this action is to update the Nevada proposed on December 14, 2007, except
received within the comment period, state implementation plan with for NRS 445B.310 for which we take no
the regulation would become effective amended or recodified rules and to action today, as explained below. The
on April 10, 2008. No adverse rescind a provision found to be provisions listed in table 1 replace early
comments were received; thus, this unnecessary for further retention in the 1980’s versions of these provisions. We
notice confirms that the direct final rule plan. proposed to approve the provisions in
will become effective on this date. DATES: Effective Date: This rule is table 1 based on our review of
* * * * * effective on May 9, 2008. applicable CAA and EPA regulatory
ADDRESSES: EPA has established docket requirements and a comparison of the
Issued in Fort Worth, TX, on March 31,
number EPA–R09–OAR–2007–1155 for provisions with the corresponding
2008.
this action. The index to the docket is existing SIP provisions that they would
Walter Tweedy,
available electronically at http:// replace. In general, we found that the
Acting Manager, System Support Group, ATO www.regulations.gov and in hard copy
Central Service Center. submitted provisions mirror the
at EPA Region IX, 75 Hawthorne Street, corresponding provisions in the existing
[FR Doc. E8–7248 Filed 4–8–08; 8:45 am] San Francisco, California. While all SIP or strengthen the SIP by eliminating
BILLING CODE 4910–13–M documents in the docket are listed in exceptions, deleting limitations, or
the index, some information may be expanding legal authority, and on that
publicly available only at the hard copy
ENVIRONMENTAL PROTECTION basis, found that they would not
location (e.g., copyrighted material), and
AGENCY interfere with attainment or
some may not be publicly available in
either location (e.g., CBI). To inspect the maintenance of the national ambient air
40 CFR Part 52 hard copy materials, please schedule an quality standards (NAAQS).
[EPA–R09–OAR–2007–1155; FRL–8548–8] appointment during normal business With respect to public participation
hours with the contact listed in the FOR requirements under CAA section 110(l),
Approval and Promulgation of FURTHER INFORMATION CONTACT section. in our December 14, 2007 proposed
Implementation Plans; Revisions to the FOR FURTHER INFORMATION CONTACT: rule, we found that adequate
Nevada State Implementation Plan; Andrew Steckel, EPA Region IX, (415) documentation had been submitted by
Updated Statutory and Regulatory 947–4115, steckel.andrew@epa.gov. NDEP (or otherwise acquired by EPA) to
Provisions; Rescissions SUPPLEMENTARY INFORMATION: show compliance with CAA procedural
AGENCY: Environmental Protection Throughout this document, ‘‘we,’’ ‘‘us’’ requirements for SIP revisions under
Agency (EPA). and ‘‘our’’ refer to EPA. CAA section 110(l) except for NRS
ACTION: Final rule. Table of Contents 445B.310. Thus, we made our proposed
I. Proposed Action approval of NRS 445B.310 contingent
SUMMARY: Under the Clean Air Act, EPA upon receipt of documentation of notice
II. Public Comments
is approving certain revisions, and III. EPA Action and opportunity for public hearing on
disapproving certain other revisions, to IV. Statutory and Executive Order Reviews adoption of NRS 445B.310 as a revision
the Nevada state implementation plan. to the Nevada SIP. We have not received
These revisions were the subject of a I. Proposed Action
this documentation and thus are not
proposed rule published in the Federal On December 14, 2007 (72 FR 71095), taking final action on NRS 445B.310 in
Register on December 14, 2007. The under the Clean Air Act (CAA or ‘‘Act’’),
this document.
provisions that EPA is approving EPA proposed approval of certain
TABLE 1.—SUBMITTED RULES AND STATUTORY PROVISION
Submitted NAC or NRS Title Adoption date Submittal date

NAC 445B.172 ................... ‘‘Six-Minute Period’’ defined ................................................................................... 09/16/76 06/26/07


NAC 445B.190 ................... ‘‘Stop order’’ defined ............................................................................................... 11/03/93 06/26/07
NAC 445B.220 ................... Severability ............................................................................................................. 09/06/06 06/26/07
NAC 445B.225 ................... Prohibited conduct: Concealment of emissions ..................................................... 10/03/95 06/26/07
NAC 445B.227 ................... Prohibited conduct: Operation of source without required equipment; removal or 10/03/95 01/12/06
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modification of required equipment; modification of required procedure.


NAC 445B.229 ................... Hazardous emissions: Order for reduction or discontinuance ............................... 10/03/95 06/26/07
NAC 445B.275 ................... Violations: Acts constituting; notice ........................................................................ 03/08/06 06/26/07
NAC 445B.277 ................... Stop orders ............................................................................................................. 03/08/06 06/26/07

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Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Rules and Regulations 19145

TABLE 1.—SUBMITTED RULES AND STATUTORY PROVISION—Continued


Submitted NAC or NRS Title Adoption date Submittal date

NRS 445B.310 ................... Limitations on enforcement of federal and state regulations concerning indirect No adoption 06/26/07
sources. date

In our December 14, 2007 proposed 445.436 (‘‘ ‘Air contaminant’ defined’’) upon by any rules in the applicable SIP.
rule, we proposed action on three rules because it is relied upon by certain SIP Lastly, with respect to NAC 445.694
(listed in table 2, below) that NDEP rules that remain in the applicable SIP. (‘‘Emission discharge information’’), we
seeks to rescind from the existing SIP. We proposed to approve the rescission proposed to disapprove the rescission
NDEP’s rescissions of NAC 445.655 and of NAC 445.655 (‘‘Abbreviations’’) because we found that the rule is
NAC 445.694 are included in a January because the abbreviations listed therein needed to comply with requirements
12, 2006 SIP submittal, and NDEP’s that are not simply superseded by our under 40 CFR 51.116(c). We are taking
rescission of NAC 445.436 is included approval of the current version of the final action in today’s document on the
in a June 26, 2007 SIP submittal. In our rule (i.e., NAC 445B.211 requested rescissions listed in table 2 as
proposed rule, we proposed to (‘‘Abbreviations’’), approved on March we had proposed on December 14, 2007.
disapprove the rescission of NAC 27, 2006 at 71 FR 15040) are not relied

TABLE 2.—REQUESTED RESCISSIONS


SIP rule Title Submittal date Approval date

NAC 445.436 ............. ‘‘Air contaminant’’ defined ................................................................................................ 10/26/82 06/26/84


NAC 445.655 ............. Abbreviations ................................................................................................................... 10/26/82 06/26/84
NAC 445.694 ............. Emission discharge information ....................................................................................... 10/26/82 06/26/84

In our December 14, 2007 proposed the Nevada Administrative Code (NAC), updates to internal rule references and
rule, we proposed to approve rule as published by the Nevada Legislative historical notes, to be administrative in
recodifications submitted by NDEP to Counsel Bureau. On the basis of a nature and acceptable. Therefore, we are
EPA on June 26, 2007 to replace comparison of the rule recodifications taking final action in today’s document
corresponding SIP rules recently submitted by NDEP and listed in table to approve the rule recodifications listed
approved by EPA in the Nevada SIP (see 3 above with the corresponding SIP in table 3 as proposed on December 14,
table 3). The recodified rules reflect the rules, we found all of the changes, 2007.
January 2007 update to chapter 445B of which include revised titles and

TABLE 3.—SUBMITTED RULE RECODIFICATIONS


Recodified rule Title Submittal date

NAC 445B.001 .......... Definitions .................................................................................................................................................... 06/26/07


NAC 445B.063 .......... ‘‘Excess emissions’’ defined. ....................................................................................................................... 06/26/07
NAC 445B.153 .......... ‘‘Regulated air pollutant’’ defined ................................................................................................................ 06/26/07
NAC 445B.22017 ...... Visible emissions: Maximum opacity; determination and monitoring of opacity ......................................... 06/26/07
NAC 445B.2202 ........ Visible emissions: Exceptions for stationary sources ................................................................................. 06/26/07
NAC 445B.22043 ...... Sulfur emissions: Calculation of total feed sulfur ........................................................................................ 06/26/07
NAC 445B.2205 ........ Sulfur emissions: Other processes which emit sulfur ................................................................................. 06/26/07
NAC 445B.22093 ...... Organic solvents and other volatile compounds ......................................................................................... 06/26/07

Our December 14, 2007 proposed rule the Nevada SIP submitted by NDEP on the rescissions of NAC 445.436 (‘‘Air
and related technical support document January 12, 2006 and June 26, 2007. contaminant’’ defined) and NAC
(TSD) provide additional background Specifically, we are approving the 445.694 (‘‘Emission discharge
information and a more detailed provisions listed in table 1, above, information’’). We will take final action
rationale for our actions summarized except for NRS 445B.310; we are on our proposed approval of NRS
above. approving the rescission of NAC 445B.310 in a separate document upon
445.655 (‘‘Abbreviations’’); and we are receipt of documentation of notice and
II. Public Comments approving the rule recodifications listed opportunity for public hearing on
EPA’s December 14, 2007 proposed in table 3, above.1 We are disapproving
rule provided a 30-day public comment
period. No comments were submitted. 1 Upon the effective date of today’s final rule, the

following provisions will be superseded in the


III. EPA Action applicable SIP upon the established compliance
date for any new or amended requirements in the
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As authorized under section 110(k) of superseding provisions (superseding rules from


445B.275), and NAC 445.697 (NAC 445B.277). Also,
the Act, and for the reasons described table 1 shown in parentheses): NAC 445.617 (NAC
445B.172), NAC 445.630 (NAC 445B.190), NAC upon the effective date of this final rule, the rule
above and in our proposed rule, EPA is 445.660 (NAC 445B.220), NAC 445.663 (NAC recodifications listed in table 3 of this document
approving certain revisions, and 445B.225), NAC 445.664 (NAC 445B.227), NAC will supersede existing SIP rules with the same
disapproving certain other revisions, to 445.665 (NAC 445B.229), NAC 445.696 (NAC section number in NAC chapter 445B.

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19146 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Rules and Regulations

adoption of NRS 445B.310 as a revision standards (VCS), EPA has no authority PART 52—[AMENDED]
to the Nevada SIP. to disapprove a SIP submission for
failure to use VCS. It would thus be ■ 1. The authority citation for part 52
IV. Statutory and Executive Order continues to read as follows:
Reviews inconsistent with applicable law for
EPA, when it reviews a SIP submission, Authority: 42 U.S.C. 7401 et seq.
Under Executive Order 12866 (58 FR to use VCS in place of a SIP submission
51735, October 4, 1993), this action is that otherwise satisfies the provisions of Subpart DD—Nevada
not a ‘‘significant regulatory action’’ and the Clean Air Act. Thus, the
therefore is not subject to review by the ■ 2. Section 52.1470 is amended by:
requirements of section 12(d) of the ■ a. Adding paragraph (c)(25)(v);
Office of Management and Budget. For National Technology Transfer and
this reason, this action is also not ■ b. Revising paragraph
Advancement Act of 1995 (15 U.S.C. (c)(56)(i)(A)(3)(i); and
subject to Executive Order 13211,
272 note) do not apply. This rule does ■ c. Adding paragraph (c)(66) to read as
‘‘Actions Concerning Regulations That
not impose an information collection follows:
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May burden under the provisions of the
Paperwork Reduction Act of 1995 (44 § 52.1470 Identification of plan.
22, 2001). This action merely approves
state law as meeting Federal U.S.C. 3501 et seq.). * * * * *
requirements and imposes no additional The Congressional Review Act, 5 (c) * * *
U.S.C. 801 et seq., as added by the Small (25) * * *
requirements. Accordingly, the
(v) Previously approved on March 27,
Administrator certifies that this rule Business Regulatory Enforcement
1984, in paragraph (c)(25)(i)(A) of this
will not have a significant economic Fairness Act of 1996, generally provides
section and now deleted without
impact on a substantial number of small that before a rule may take effect, the
entities under the Regulatory Flexibility replacement: Nevada Administrative
agency promulgating the rule must Code (NAC) section: 445.655.
Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a
rule approves pre-existing requirements copy of the rule, to each House of the * * * * *
under state law and does not impose Congress and to the Comptroller General (56) * * *
any additional enforceable duty, it does (i) * * *
of the United States. EPA will submit a
not contain any unfunded mandate or (A) * * *
report containing this rule and other (3) * * *
significantly or uniquely affect small required information to the U.S. Senate,
governments, as described in the (i) October 3, 1995: 445B.005,
the U.S. House of Representatives, and 445B.059, 445B.077, 445B.112,
Unfunded Mandates Reform Act of 1995 the Comptroller General of the United
(Pub. L. 104–4). 445B.116, 445B.130, 445B.145,
States prior to publication of the rule in 445B.152, 445B.177, 445B.180,
This rule also does not have tribal
the Federal Register. A major rule 445B.22037, and 445B.227.
implications because it will not have a
cannot take effect until 60 days after it
substantial direct effect on one or more * * * * *
is published in the Federal Register. (66) The following plan revision was
Indian tribes, on the relationship
between the Federal Government and This action is not a ‘‘major rule’’ as submitted on June 26, 2007 by the
Indian tribes, or on the distribution of defined by 5 U.S.C. 804(2). Governor’s designee. All section
power and responsibilities between the Under section 307(b)(1) of the Clean citations listed below refer to the
Federal Government and Indian tribes, Air Act, petitions for judicial review of January 2007 codification of chapter
as specified by Executive Order 13175 this action must be filed in the United 445B of the Nevada Administrative
(65 FR 67249, November 9, 2000). This States Court of Appeals for the Code as published by the Nevada
action also does not have Federalism appropriate circuit by June 9, 2008. Legislative Counsel Bureau.
implications because it does not have Filing a petition for reconsideration by (i) Incorporation by reference.
substantial direct effects on the States, the Administrator of this final rule does (A) Nevada Division of Environmental
on the relationship between the national not affect the finality of this rule for the Protection.
government and the States, or on the purposes of judicial review nor does it (1) The following section of the
distribution of power and extend the time within which a petition Nevada Air Quality Regulations was
responsibilities among the various for judicial review may be filed, and adopted on the date listed below and
levels of government, as specified in shall not postpone the effectiveness of recodified as Chapter 445B of the
Executive Order 13132 (64 FR 43255, such rule or action. This action may not Nevada Administrative Code in
August 10, 1999). This action merely be challenged later in proceedings to November 1994:
approves state law implementing a enforce its requirements. (See section (i) September 16, 1976, effective date
Federal standard, and does not alter the 307(b)(2).) December 4, 1976: 445B.172, ‘‘Six-
relationship or the distribution of power Minute Period defined.’’
and responsibilities established in the List of Subjects in 40 CFR part 52 (2) The following section of Chapter
Clean Air Act. This rule also is not 445 of the Nevada Administrative Code
Environmental protection, Air
subject to Executive Order 13045 was adopted on the date listed below
pollution control, Incorporation by
‘‘Protection of Children from and recodified as Chapter 445B of the
reference, Intergovernmental relations,
Environmental Health Risks and Safety Nevada Administrative Code in
Reporting and recordkeeping
Risks’’ (62 FR 19885, April 23, 1997), November 1994:
requirements. (i) November 3, 1993: 445B.190, ‘‘Stop
because it is not economically
significant. Dated: January 24, 2008. order defined.’’
In reviewing SIP submissions, EPA’s Wayne Nastri, (3) The following sections of Chapter
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role is to approve state choices, Regional Administrator, Region IX. 445B of the Nevada Administrative
provided that they meet the criteria of Code were adopted on the dates listed
the Clean Air Act. In this context, in the ■ Part 52, chapter I, title 40 of the Code below:
absence of a prior existing requirement of Federal Regulations is amended as (i) October 3, 1995: 445B.225,
for the State to use voluntary consensus follows: ‘‘Prohibited conduct: Concealment of

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Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Rules and Regulations 19147

emissions;’’ and 445B.229, ‘‘Hazardous ADDRESSES: EPA has established a assist you and others in determining
emissions: Order for reduction or docket for this action under docket whether this action might apply to
discontinuance.’’ identification (ID) number EPA–HQ– certain entities. If you have any
(ii) August 19, 2004, effective date OPP–2007–0433. To access the questions regarding the applicability of
September 24, 2004: 445B.001, electronic docket, go to http:// this action to a particular entity, consult
‘‘Definitions;’’ 445B.22043, ‘‘Sulfur www.regulations.gov, select ‘‘Advanced the person listed under FOR FURTHER
emissions: Exceptions for stationary Search,’’ then ‘‘Docket Search.’’ Insert INFORMATION CONTACT.
sources;’’ and 445B.2205, ‘‘Sulfur the docket ID number where indicated
B. How Can I Access Electronic Copies
emissions: Other processes which emit and select the ‘‘Submit’’ button. Follow
of this Document?
sulfur.’’ the instructions on the regulations.gov
(iii) October 4, 2005: 445B.063, website to view the docket index or In addition to accessing an electronic
‘‘Excess emissions defined;’’ 445B.153, access available documents. All copy of this Federal Register document
‘‘Regulated air pollutant defined;’’ documents in the docket are listed in through the electronic docket at http://
445B.22017, ‘‘Visible emissions: the docket index available in www.regulations.gov, you may access
Maximum opacity; determination and regulations.gov. Although listed in the this ‘‘Federal Register’’ document
monitoring of opacity;’’ 445B.2202, index, some information is not publicly electronically through the EPA Internet
‘‘Visible emissions: Exceptions for available, e.g., Confidential Business under the ‘‘Federal Register’’ listings at
stationary sources;’’ and 445B.22093, Information (CBI) or other information http://www.epa.gov/fedrgstr. You may
‘‘Organic solvents and other volatile whose disclosure is restricted by statute. also access a frequently updated
compounds.’’ Certain other material, such as electronic version of 40 CFR part 180
(iv) March 8, 2006: 445B.275, copyrighted material, is not placed on through the Government Printing
‘‘Violations: Acts constituting; notice;’’ the Internet and will be publicly Office’s pilot e-CFR site at http://
and 445B.277, ‘‘Stop orders.’’ available only in hard copy form. www.gpoaccess.gov/ecfr.
(v) September 6, 2006: 445B.220, Publicly available docket materials are
‘‘Severability.’’ C. Can I File an Objection or Hearing
available in the electronic docket at Request?
* * * * * http://www.regulations.gov, or, if only
[FR Doc. E8–7046 Filed 4–8–08; 8:45 am] available in hard copy, at the OPP Under section 408(g) of FFDCA, as
Regulatory Public Docket in Rm. S– amended by FQPA, any person may file
BILLING CODE 6560–50–P
4400, One Potomac Yard (South Bldg.), an objection to any aspect of this
2777 S. Crystal Dr., Arlington, VA. The regulation and may also request a
ENVIRONMENTAL PROTECTION Docket Facility is open from 8:30 a.m. hearing on those objections. The EPA
AGENCY to 4 p.m., Monday through Friday, procedural regulations which govern the
excluding legal holidays. The Docket submission of objections and requests
40 CFR Part 180 Facility telephone number is (703) 305– for hearings appear in 40 CFR part 178.
5805. You must file your objection or request
[EPA–HQ–OPP–2007–0433; FRL–8357–5]
a hearing on this regulation in
FOR FURTHER INFORMATION CONTACT:
1-Methylcyclopropene; Amendment to accordance with the instructions
Driss Benmhend, Biopesticides and
an Exemption from the Requirement of provided in 40 CFR part 178. To ensure
Pollution Prevention Division (7511P),
a Tolerance proper receipt by EPA, you must
Environmental Protection Agency, 1200
identify docket ID number EPA–HQ–
AGENCY: Environmental Protection Pennsylvania Ave., NW., Washington,
OPP–2007–0433 in the subject line on
Agency (EPA). DC 20460–0001; telephone number:
the first page of your submission. All
(703) 308–9525; e-mail address:
ACTION: Final rule. requests must be in writing, and must be
benmhend.driss@epa.gov.
mailed or delivered to the Hearing Clerk
SUMMARY: This regulation establishes an SUPPLEMENTARY INFORMATION: on or before June 9, 2008.
amendment to an exemption from the In addition to filing an objection or
requirement of a tolerance for residues I. General Information
hearing request with the Hearing Clerk
of the 1-Methylcyclopropene (1-MCP) A. Does this Action Apply to Me? as described in 40 CFR part 178, please
on fruits and vegetables when applied submit a copy of the filing that does not
You may be potentially affected by
or used outdoors for pre-harvest contain any CBI for inclusion in the
this action if you are an agricultural
treatments. Agrofresh Inc., submitted a public docket that is described in
producer, food manufacturer, or
petition to EPA under the Federal Food, ADDRESSES. Information not marked
pesticide manufacturer. Potentially
Drug, and Cosmetic Act (FFDCA), as confidential pursuant to 40 CFR part 2
affected entities may include, but are
amended by the Food Quality Protection may be disclosed publicly by EPA
not limited to:
Act of 1996 (FQPA), requesting an • Crop production (NAICS code 111). without prior notice. Submit your
amendment to the existing 1-MCP • Animal production (NAICS code copies, identified by docket ID number
exemption from the requirement of a 112). EPA–HQ–OPP–2007–0433, by one of
tolerance at 40 CFR 180.1220. This • Food manufacturing (NAICS code the following methods.
regulation eliminates the need to 311). • Federal eRulemaking Portal: http://
establish a maximum permissible level • Pesticide manufacturing (NAICS www.regulations.gov. Follow the on-line
for residues of 1-Methylcyclopropene. code 32532). instructions for submitting comments.
DATES: This regulation is effective April This listing is not intended to be • Mail: Office of Pesticide Programs
9, 2008. Objections and requests for exhaustive, but rather provides a guide (OPP) Regulatory Public Docket (7502P),
hearings must be received on or before for readers regarding entities likely to be Environmental Protection Agency, 1200
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June 9, 2008, and must be filed in affected by this action. Other types of Pennsylvania Ave., NW., Washington,
accordance with the instructions entities not listed in this unit could also DC 20460–0001.
provided in 40 CFR part 178 (see also be affected. The North American • Delivery: OPP Regulatory Public
Unit I.C. of the SUPPLEMENTARY Industrial Classification System Docket (7502P), Environmental
INFORMATION). (NAICS) codes have been provided to Protection Agency, Rm. S–4400, One

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