Rule2022-10550
Air Plan Approval; Nevada; Clark County Department of Environment and Sustainability
Primary source
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Published
May 19, 2022
Effective
June 21, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Clark County Department of Environment and Sustainability (DES) portion of the Nevada State Implementation Plan (SIP). These revisions concern the title change of the Clark County Department of Air Quality to the Department of Environment and Sustainability.
Full Text
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<title>Federal Register, Volume 87 Issue 97 (Thursday, May 19, 2022)</title>
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[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Rules and Regulations]
[Pages 30423-30425]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10550]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0106; FRL-9527-01-R9]
Air Plan Approval; Nevada; Clark County Department of Environment
and Sustainability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Clark County Department of
Environment and Sustainability (DES) portion of the Nevada State
Implementation Plan (SIP). These revisions concern the title change of
the Clark County Department of Air Quality to the Department of
Environment and Sustainability.
DATES: These rules will be effective on June 21, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0106. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 or by
email at <a href="/cdn-cgi/l/email-protection#93e5fafdf6eaf2e1f7bdf0fbe1fae0e7fafdf6d3f6e3f2bdf4fce5"><span class="__cf_email__" data-cfemail="85f3ecebe0fce4f7e1abe6edf7ecf6f1ecebe0c5e0f5e4abe2eaf3">[email protected]</span></a>.
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 February 22, 2022 (87 FR 9475), the EPA proposed to approve the
following rules into the Nevada SIP.
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Local agency Rule No. Rule title Amended Submitted
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DES....................... Section 2................ Procedures for Adoption 1/21/20 3/16/20
and Revision of
Regulations and for
Inclusion of those
Regulations in the State
Implementation Plan.
DES....................... Section 33............... Chlorine in Chemical 1/21/20 3/16/20
Processes.
DES....................... Section 41............... Fugitive Dust............ 1/21/20 3/16/20
DES....................... Section 53............... Oxygenated Gasoline 1/21/20 3/16/20
Program.
DES....................... Section 90............... Fugitive Dust from Open 1/21/20 3/16/20
Areas and Vacant Lots.
DES....................... Section 93............... Fugitive Dust from Paved 1/21/20 3/16/20
Roads and Street
Sweeping Equipment.
DES....................... Section 94............... Permitting and Dust 1/21/20 3/16/20
Control for Construction
Activities.
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We proposed to approve these rules because we determined that they
comply 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 adverse comments. We received one
comment that did not object to the proposed action but expressed
concerns about regional haze and air quality in Clark County. We do not
consider the comment to be relevant to the specifics
[[Page 30424]]
of this action and therefore we will not be responding to it.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the Nevada SIP. The January 21, 2020 version of Rules 2, 33, 41,
53, 90, 93, and 94 will replace the previously approved version of
these rules in the 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 DES
rules listed in Section I of this preamble and set forth below in the
amendments to 40 CFR part 52. These DES rules concern the title change
of the Clark County Department of Air Quality to the Department of
Environment and Sustainability. Therefore, these materials have been
approved by the EPA for inclusion in the SIP, have been incorporated by
reference by the 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 the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\ The EPA has
made, and will continue to make, these documents available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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).
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\1\ 62 FR 27968 (May 22, 1997).
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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:
<bullet> 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);
<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 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 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 July 18, 2022. 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. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur Oxides, Volatile organic compounds.
Dated: May 11, 2022.
Martha Guzman Aceves,
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, in paragraph (c). amend Table 3 by
0
a. Adding an entry for ``Section 2'' after the entry for ``Section 2:
Subsections 2.1, 2.2, and 2.3'' and;
0
b. Revising the entries for ``Section 33,'' ``Section 41,'' ``Section
53,'' ``Section 90,'' ``Section 93,'' and ``Section 94''''.
The additions and revisions read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
[[Page 30425]]
Table 3--EPA-Approved Clark County Regulations
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County
County citation Title/subject effective EPA approval date Additional explanation
date
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* * * * * * *
Section 2.................. Procedures for 1/21/20 [INSERT Federal Submitted on March 16,
Adoption and Revision Register CITATION], 5/ 2020 as an attachment
of Regulations and 19/22. to a letter dated
for Inclusion of March 13, 2020.
those Regulations in
the State
Implementation Plan.
* * * * * * *
Section 33................. Chlorine in Chemical 1/21/20 [INSERT Federal Submitted on March 16,
Processes. Register CITATION], 5/ 2020 as an attachment
19/22. to a letter dated
March 13, 2020. See
also clarification at
69 FR 54006 (9/7/04).
Section 41................. Fugitive Dust......... 1/21/20 [INSERT Federal Submitted on March 16,
Register CITATION], 5/ 2020 as an attachment
19/22. to a letter dated
March 13, 2020.
* * * * * * *
Section 53................. Oxygenated Gasoline 1/21/20 [INSERT Federal Submitted on March 16,
Program. Register CITATION], 5/ 2020 as an attachment
19/22. to a letter dated
March 13, 2020.
* * * * * * *
Section 90................. Fugitive Dust from 1/21/20 [INSERT Federal Submitted on March 16,
Open Areas and Vacant Register CITATION], 5/ 2020 as an attachment
Lots. 19/22. to a letter dated
March 13, 2020.
* * * * * * *
Section 93................. Fugitive Dust from 1/21/20 [INSERT Federal Submitted on March 16,
Paved Roads & Street Register CITATION], 5/ 2020 as an attachment
Sweeping Equipment. 19/22. to a letter dated
March 13, 2020.
Section 94................. Permitting & Dust 1/21/20 [INSERT Federal Submitted on March 16,
Control for Register CITATION], 5/ 2020 as an attachment
Construction 19/22. to a letter dated
Activities. March 13, 2020.
* * * * * * *
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[FR Doc. 2022-10550 Filed 5-18-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on May 19, 2022.
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