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Federal Register/Vol. 64, No. 175/Friday, September 10, 1999

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Federal Register/Vol. 64, No. 175/Friday, September 10, 1999 49084 Federal Register / Vol. 64, No. 175 / Friday, September 10, 1999 / Rules and Regulations PART 200ÐRULES OF PRACTICE IN (j) Section 200.48, introductory text; Signed: July 29, 1999. PERMIT PROCEEDINGS (k) Section 200.49; John W. Magaw, (l) Section 200.49a, introductory text; Director. Paragraph 1. The authority citation (m) Section 200.49b, introductory text for part 200 continues to read as Approved: August 17, 1999. and paragraph (b); John P. Simpson, follows: (n) Section 200.55(a), introductory Authority: 26 U.S.C. 7805, 27 U.S.C. 204. Deputy Assistant Secretary (Regulatory, Tariff text; and Trade Enforcement). (o) Section 200.57; PART 200Ð[AMENDED] [FR Doc. 99±23387 Filed 9±9±99; 8:45 am] (p) Section 200.59; BILLING CODE 4810±31±P Par. 2. Section 200.5 is amended as (q) Section 200.60, paragraphs (a), (b), follows: and (c); (r) Section 200.61; (a) By revising in alphabetical order, ENVIRONMENTAL PROTECTION (s) Section 200.62; the terms, Attorney for the Government, AGENCY Director of Industry Operations and (t) Section 200.64; Initial Decision. (u) Section 200.65; 40 CFR Part 52 (b) By removing the term ``District (v) Section 200.70; director'' and by adding in alphabetical (w) Section 200.71; [FRL±6434±4] order, the term ``Director of Industry (x) Section 200.72; Finding of Failure To Submit a Operations''. (y) Section 200.73; Required State Implementation Plan The additional revision reads as (z) Section 200.75; for Carbon Monoxide; NevadaÐLas follows: (aa) Section 200.78; Vegas Valley (bb) Section 200.79, paragraph (b); § 200.5 Meaning of terms. (cc) Section 200.80; AGENCY: Environmental Protection * * * * * (dd) Section 200.85, introductory text; Agency (EPA). Attorney for the Government. The (ee) Section 200.105; ACTION: Final rule. attorney in the appropriate office of (ff) Section 200.106, paragraph (a); Chief Counsel authorized to represent (gg) Section 200.107; SUMMARY: EPA is taking final action in the Director of Industry Operations in (hh) Section 200.109; making a finding, under the Clean Air the proceeding. (ii) Section 200.110; Act (CAA or Act), that Nevada failed to * * * * * (jj) Section 200.115; make a carbon monoxide (CO) Director of Industry Operations. The (kk) Section 200.116; nonattainment area state principal ATF official in a field (ll) Section 200.117; implementation plan (SIP) submittal operations division responsible for (mm) Section 200.126; required for the Las Vegas Valley under administering the regulations in this (nn) Section 200.129. the Act. Under certain provisions of the part. Act, states are required to submit SIPs § 200.95 [Amended] * * * * * providing for, among other things, Initial decision. The decision of the Par. 5. In § 200.95 remove the words reasonable further progress and Director of Industry Operations or ``district directors'' each place they attainment of the CO national ambient administrative law judge in a appear and add, in place thereof, the air quality standards (NAAQS) in areas proceeding on the suspension, words ``directors of industry classified as serious. The deadline for revocation or annulment of a permit. operations''. submittal of this plan for the Las Vegas * * * * * Valley was May 3, 1999. §§ 200.107 and 200.108 [Amended] This action triggers the 18-month time § 200.25 [Amended] Par. 6. Sections 200.107a(a)(3) and clock for mandatory application of Par. 3. Section 200.25 is amended by 200.108 are amended by removing the sanctions and 2-year time clock for a removing the words ``Regional Director words ``district director's'' each place federal implementation plan (FIP) under (compliance)'' and by adding the words they appear and adding the words the Act. This action is consistent with ``Director of Industry Operations (DIO)'' ``director of industry operations' ''. the CAA mechanism for assuring SIP submissions. in place thereof. Section 200.25 is also § 200.27 [Amended] EFFECTIVE DATE: This action is effective amended by removing the words Par. 7. The section heading for as of August 31, 1999. ``district director'' and by adding the § 200.27 is amended by removing the words ``director of industry operations'' words ``district director'' and adding the FOR FURTHER INFORMATION CONTACT: in place thereof. words ``director of industry operations'' Larry A. Biland, Air Planning Office * * * * * in place thereof. (AIR±2), Air Division, U.S. EPA, Region Par. 4. The following sections of part 9, 75 Hawthorne Street, San Francisco, 200 are amended by removing the words § 200.107 [Amended] California, 94105±3901, Telephone ``district director'' each place they Par. 8. The undesignated heading that (415) 744±1227. appear and adding, in place thereof, the precedes § 200.107 is amended by SUPPLEMENTARY INFORMATION: words ``director of industry operations'': removing the words ``District Director'' I. Background (a) Section 200.27; and adding the words ``Director of (b) Section 200.29; Industry Operations'' in place thereof. The CAA Amendments of 1990 were (c) Section 200.31; enacted on November 15, 1990. Under (d) Section 200.35; § 200.107a [Amended] section 107(d)(1)(C) of the amended (e) Section 200.36; Par. 9. The section heading for CAA, each CO area designated (f) Section 200.37; § 200.107a is amended by removing the nonattainment prior to enactment of the (g) Section 200.38; words ``District Director's'' and adding 1990 Amendments, such as the Las (h) Section 200.45; the words ``Director of Industry Vegas Valley area, was designated (i) Section 200.46; Operations' '' in place thereof. nonattainment by operation of law upon VerDate 18-JUN-99 15:06 Sep 09, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\10SER1.XXX pfrm01 PsN: 10SER1 Federal Register / Vol. 64, No. 175 / Friday, September 10, 1999 / Rules and Regulations 49085 enactment of the 1990 Amendments. reclassified as serious. The State had 18 eliminate the need for potential Under section 186(a) of the Act, each months or until May 3, 1999 to submit sanctions and FIP. CO area designated nonattainment a new State Implementation Plan (SIP) II. Final Action under section 107(d) was also classified demonstrating attainment of the CO by operation of law as either NAAQS as expeditiously as practicable A. Rule but no later than December 31, 2000, the ``moderate'' or ``serious'' depending on Today, EPA is making a finding of the severity of the area's air quality CAA attainment date for serious areas. failure to submit for the Las Vegas problem. CO areas with design values The Las Vegas Valley continues to Valley CO nonattainment area, due to between 9.1 and 16.4 parts per million exceed the CO standard with 1 failure of the State to submit a SIP (ppm), such as the Las Vegas Valley exceedance in 1997 and two in 1998. revision addressing the serious area CO area, were classified as moderate. These Notwithstanding significant efforts by requirements of the CAA. nonattainment designations and the Clark County Department of classifications were codified in 40 CFR Comprehensive Planning to complete B. Effective Date Under the part 81.1 See 56 FR 56694 (November 6, their CO SIP, the State has failed to meet Administrative Procedures Act the May 3, 1999 deadline for the 1991). EPA has issued this action as a States containing areas that were required SIP submission. EPA is rulemaking because the Agency has classified as moderate nonattainment by therefore compelled to find that the treated this type of action as rulemaking operation of law under section 107(d) State of Nevada has failed to make the in the past. However, EPA believes that were required to submit SIPs designed required SIP submission for the Las to attain the CO NAAQS as Vegas Valley. it would have the authority to issue this expeditiously as practicable but no later The CAA establishes specific action in an informal adjudication, and than December 31, 1995.2 Under section consequences if EPA finds that a State is considering which administrative 186(a)(4), Nevada requested and EPA has failed to meet certain requirements processÐrulemaking or informal granted a one year extension of the of the CAA. Of particular relevance here adjudicationÐis appropriate for future December 31, 1995 attainment deadline is CAA section 179(a)(1), the mandatory actions of this kind. (61 FR 57331, November 6, 1996). sanctions provision. Section 179(a) sets Because EPA is issuing this action as However, in the first quarter of 1996, forth four findings that form the basis a rulemaking, the Administrative Clark County recorded three for application of a sanction. The first Procedures Act (APA) applies. exceedances of the CO standard at the finding, that a State has failed to submit Today's action will be effective on East Charleston monitoring station. a plan required under the CAA, is the August 31, 1999. Under the APA, 5 Clark County challenged the validity of finding relevant to this rulemaking. U.S.C. 553(d)(3), agency rulemaking the CO data collected at this site. EPA If Nevada has not made the required may take effect before 30 days after the stated it would not disqualify the complete submittal by March 2, 2001, date of publication in the Federal January to March winter 1996 CO pursuant to CAA section 179(a) and 40 Register if an agency has good cause to season monitoring data from the East CFR 52.31, the offset sanction identified mandate an earlier effective date. Charleston station without conclusive in CAA section 179(b) will be applied Today's action concerns a SIP evidence that it was inaccurate. in the affected area. If the State has still submission that is already overdue and Therefore Region 9 worked with Clark not made a complete submission by the State is aware of applicable County and the State of Nevada to August 31, 2001, then the highway provisions of the CAA relating to properly site and approve a new funding sanction will apply in the overdue SIPs.
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